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FELDMEIER v. WATSON

No. CV-05-0325-AP/EL.

123 P.3d 180 (2005)

211 Ariz. 444

Bill FELDMEIER, a qualified elector of the City of Prescott, Plaintiff/Appellee, v. Marie L. WATSON, in her official capacity as the Prescott City Clerk; Ana Wayman-Trujillo, in her official capacity as Yavapai County Recorder, Defendants/Appellees, Citizens for Responsible Growth, Defendant/Real Party in Interest/Appellant.

Supreme Court of Arizona, En Banc.

November 30, 2005.

Attorney(s) appearing for the Case

Law Offices of W. Gil Shaw, by W. Gil Shaw, Prescott, and Law Offices of William R. Hobson, by William R. Hobson, and Counters & Koelbel, P.C., by Lisa J. Counters, Kevin Koelbel, Chandler, Attorneys for Citizens for Responsible Growth.

Gammage & Burnham, P.L.C., by Lisa T. Hauser, Michella Abner, Phoenix, Attorneys for Bill Feldmeier.

OPINION

RYAN, Justice.

¶ 1 The Superior Court of Yavapai County enjoined the placement of an initiative measure on a ballot because the court found that the petition circulators' affidavits did not substantially comply with the verification requirements of Article 4, Part 1, Section 1(9), of the Arizona Constitution, and Arizona Revised Statutes ("A.R.S.") section 19-112(C) (2002). Having concluded that the affidavits complied with the legal requirements...

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