LEAGUE OF ARIZONA CITIES & TOWNS v. BREWER

No. CV-06-0286-AP/EL.

146 P.3d 58 (2006)

LEAGUE OF ARIZONA CITIES AND TOWNS; Arizona Planning Association, a nonprofit corporation; Joseph C. Donaldson, a qualified elector; Thomas J. Hessler, a qualified elector; John Keegan, a qualified elector; and Lawrence K. Nelson, a qualified elector, Plaintiffs/Appellants, v. Janice K. BREWER, in her official capacity as Secretary of State for the State of Arizona; and The Boards of Supervisors of Apache, Cochise, Coconino, Gila, Graham, Greenlee, La Paz, Maricopa, Mohave, Navajo, Pima, Pinal, Santa Cruz, Yavapai, and Yuma Counties, in their official capacities, Defendants/Appellees, and Arizona Homeowners Protection Effort, an unincorporated association, Real Party in Interest.

Supreme Court of Arizona, En Banc.

November 8, 2006.


Attorney(s) appearing for the Case

Gammage & Burnham PLLC by Lisa T. Hauser, Grady Gammage, Jr., Michella Abner, Attorneys for League of Arizona Cities and Towns, Arizona Planning Association, Joseph C. Donaldson, Thomas J. Hessler, John Keegan, and Lawrence K. Nelson.

Terri Skladany, Acting Arizona Attorney General by Emma L. Mamaluy, Assistant Attorney General, Diana L. Varela, Assistant Attorney General, Phoenix, Attorneys for Janice K. Brewer, Secretary of State for the State of Arizona.

Meagher & Geer PLLP, by Gary L. Lassen, James M. Marovich, Aaron S. Peterson, Scottsdale, Attorneys for Arizona Homeowners Protection Effort.

Terence C. Hance, Coconino County Attorney, Flagstaff, Attorney for Amicus Curiae County Supervisors Association of Arizona.


OPINION

BERCH, Vice Chief Justice.

¶1 Appellant League of Arizona Cities and Towns sued to enjoin the Secretary of State from placing Proposition 207, the Private Property Rights Protection Act, on the 2006 general election ballot. The superior court held that pre-election review of Proposition 207 by the courts is improper. On August 31, 2006, this Court issued an order affirming the superior court's judgment and allowing Proposition 207...

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