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CUVELIER v. SCHMITZ

No. 2 CA-CV 98-0223.

974 P.2d 995 (1999)

193 Ariz. 479

Kathryn CUVELIER, Clerk of the Town of Oro Valley; Paul Loomis, Mayor of the Town of Oro Valley; Paul Parisi, Vice-Mayor of the Town of Oro Valley; Dick Johnson, Francis Lasala, and Cheryl Skalsky, Town Council members; and Town of Oro Valley, an Arizona municipal corporation, Defendants/Appellants, v. Gary SCHMITZ, Plaintiff/Appellee.

Court of Appeals of Arizona, Division 2, Department B.

Review Denied April 15, 1999.

Attorney(s) appearing for the Case

Gust Rosenfeld, P.L.C. by Frank Cassidy and Keri Lazarus Silvyn, Tucson, for Defendants/Appellants.

Yen & Pilch, P.L.C. by Caroline A. Pilch, Phoenix, for Plaintiff/Appellee.

OPINION

HOWARD, Judge.

¶ 1 Appellee Gary Schmitz, who helped circulate a municipal initiative petition, filed a special action complaint in superior court seeking an order to compel appellant Town of Oro Valley1 to place the initiative on the next statewide general election ballot. The trial court determined that the petition should have been placed on the ballot, and, because...

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