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FISHER v. CITY OF APACHE JUNCTION

No. 2 CA-CV 00-0173.

28 P.3d 946 (2001)

200 Ariz. 484

Elliott FISHER, Plaintiff/Appellant, v. The CITY OF APACHE JUNCTION, Defendant/Appellee.

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

July 31, 2001.

Attorney(s) appearing for the Case

Elliott Fisher, Apache Junction, In Propria Persona.

Richard Joel Stern, Apache Junction City Attorney, Apache Junction, for Appellee.

OPINION

DRUKE, Judge.

¶ 1 The issue raised in this appeal is whether the trial court erred in dismissing as untimely appellant Elliott Fisher's petition for writ of mandamus in which he sought to compel the clerk of appellee City of Apache Junction to submit two petitions for referendum to the Pinal County Elections Department. We conclude that the trial court erred and reverse the dismissal.

¶ 2 In December 1999, the City, through...

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