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MOBILE COMMUNITY COUNCIL v. BROCK

No. 1 CA-CV 04-0507.

119 P.3d 463 (2005)

MOBILE COMMUNITY COUNCIL FOR PROGRESS, INC., a not-for-profit corporation; Terry Hudson, in his individual capacity and as a member of the mobile Community Council; Adrienna Hudson; a minor child; Shannon and Jason Besler, wife and husband; Asia Besler, Plaintiffs-Appellants, v. The Honorable Fulton BROCK; Don Stapley; Andrew Kunasek; Max W. Wilson; Mary Rose Wilcox, duly elected or appointed members of the Maricopa County Board of Supervisors who are named solely in their official capacities; The Maricopa County Board of Supervisors, Defendants-Appellees.

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

August 18, 2005.

Attorney(s) appearing for the Case

The Shanker Law Firm, PLC By Howard M. Shanker, Tempe, Attorney for Plaintiffs-Appellants.

Andrew P. Thomas, Maricopa County Attorney By Bruce P. White, Deputy County Attorney, Phoenix, Attorneys for Defendants-Appellees.

OPINION

IRVINE, Judge.

¶ 1 This is an appeal from the trial court's order granting Appellees' Motion for Judgment on the Pleadings. For the following reasons, we hold that the two-thirds majority vote requirement of Arizona Revised Statutes ("A.R.S.") section 11-824(C)(Supp.2004)1 is satisfied by a three-to-one vote when one member of the board of supervisors is disqualified from voting. Therefore, we affirm.

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