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GREEN v. CITY OF TUCSON

No. 02-16700.

340 F.3d 891 (2003)

Aspen Green, Resident and Qualified Elector in Tortolita; Neal Allen, Resident and Qualified Elector in Tucson; Judy Lester, Resident and Qualified Elector in Tucson; Jon Michael, Resident and Qualified Elector in Tortolita; Dorita Brady, Residient and Qualified Elector in Tortolita; Wallace J. Craig, Resident and Qualified Elector in Tortolita, Plaintiffs-Appellants, v. City of Tucson, an Arizona municipal corporation, Defendant-Appellee, Town of Marana; Town of Oro Valley, Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 20, 2003.

Attorney(s) appearing for the Case

William J. Risner, Kenneth K. Graham, Bisner & Graham, Tucson, Arizona, and Anthony B. Ching, Tempe, Arizona, for the plaintiffs-appellants.

Dennis P. McLaughlin, Principal Assistant City Attorney, Tucson, Arizona, for the defendant-appellee and the intervenors-appellees.

Before: Procter Hug, Jr., John R. Gibson and Raymond C. Fisher, Circuit Judges.

Argued and Submitted May 13, 2003 — San Francisco, California.

OPINION

FISHER, Circuit Judge:

Plaintiffs are residents and qualified voters of a community known as Tortolita, located in Pima County, Arizona. In 1997, an overwhelming majority of Tortolita's qualified voters petitioned the Pima County Board of Supervisors to incorporate Tortolita as a new municipality. Arizona law, however, prohibits the incorporation of a community unless all...

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