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LAWRENCE v. JONES

No. 1 CA-CV 00-0301.

18 P.3d 1245 (2001)

199 Ariz. 446

Beulah LAWRENCE, a citizen and qualified elector of the City of Mesa, Hassan A. Mirza, a citizen and qualified elector of the City of Mesa, DMB Circle Road Partners, an Arizona general partnership, Talley Defense Systems, Inc., a Delaware corporation licensed to and conducting business within the State of Arizona, and Wal-Mart Stores, Inc., a Delaware corporation licensed to and conducting business within the State of Arizona, Plaintiffs-Appellants, v. Barbara JONES, as the Clerk of the City of Mesa, Defendant-Appellee, Mesa Neighborhood Alliance, a registered political committee, Real Party in Interest-Appellee.

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

February 20, 2001.

Attorney(s) appearing for the Case

Mariscal, Weeks, McIntyre & Friedlander, P.A., Phoenix, by Gary L. Birnbaum, Michael S. Rubin, James T. Braselton, Attorneys for Plaintiffs-Appellants, DMB Circle Road Partners and Talley Defense Systems, Inc.

Meyers, Taber & Meyers, P.C., by Lisa T. Hauser, Phoenix, Attorneys for Plaintiffs-Appellants, Beulah Lawrence, Hassan A. Mirza and Wal-Mart Stores, Inc.

Mesa City Attorney, by Neal J. Beets, Mesa, Attorneys for Defendant-Appellee.

Morrill & Aronson, P.L.C., by Martin A. Aronson, John T. Moshier, John C. Doney, Phoenix, Attorneys for Real Party in Interest-Appellee.

OPINION

VOSS, Presiding Judge.

¶ 1 Plaintiffs appeal from the trial court's denial of their challenge to a Mesa zoning referendum and from denial of their motion for new trial and to amend the judgment. Plaintiffs sought to compel the Clerk of the City of Mesa to disqualify invalid signatures on Referendum RF00-2, which attempted to overturn a zoning change from M-2 (general industrial use) to C-2 (limited commercial use) as enacted by Mesa Ordinance...

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