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SIMPSON v. COMMITTEE AGAINST TAKINGS

No. 1 CA-CV 98-0246.

972 P.2d 1027 (1998)

193 Ariz. 391

Harold A. SIMPSON, Plaintiff-Appellee, Biltmore Hotel Partners, Intervenor-Appellee, v. COMMITTEE AGAINST UNCONSTITUTIONAL TAKINGS, L.L.C.—Kabuto Arizona Properties, L.L.C., Defendants-Appellants.

Court of Appeals of Arizona, Division 1, Department D.

Review Denied February 12, 1999.

Attorney(s) appearing for the Case

Meyers Law Firm, P.C. by J. Tyrrell Taber, James F. Wees, Phoenix and Lisa T. Hauser, Scottsdale, for Appellant.

Francis J. Slavin, P.C. by Francis J. Slavin, Chad H. Kolodisner, Phoenix, for Appellee Simpson.

Meyer, Hendricks, Bivens & Moyes, P.A. by Ed Hendricks, Paul L. Stoller, Phoenix, for Appellee Biltmore Hotel Partners.

Office of the City Attorney by Roderick G. McDougall, City Attorney, William F. Bock, Assistant City Attorney, for City of Phoenix.

NOYES, Presiding Judge.

¶ 1 After the Phoenix City Council ("Council") rezoned two golf courses in the Arizona Biltmore Estates, Defendants-Appellants ("Kabuto") circulated a referendum petition and obtained enough signatures to have the rezoning decision referred to the voters. After the City of Phoenix ("City") set the date for a referendum election, Plaintiff-Appellee Harold Simpson filed this lawsuit to block the election. The complaint alleged that the referendum...

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