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SKLAR v. TOWN OF FOUNTAIN HILLS

No. 1 CA-CV 08-0519 EL.

207 P.3d 702 (2008)

Sherry M. SKLAR, a qualified elector of the Town of Fountain Hills, Plaintiff/Appellee, v. TOWN OF FOUNTAIN HILLS; Beverly J. Bender; Jay Schlum; Dennis Contino; Cassie Hansen; Keith McMahan; Henry Leger; Mike Archambault; Ginny Dickey, Defendants/Appellees. Save Our Small Town in Support of 2008-RF-001-01 and Save Our Small Town in Support of 2008-RF-002-02, Intervenors/Appellants.

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

Review Denied December 4, 2008 and April 20, 2009.

Attorney(s) appearing for the Case

Gammage & Burnham PLC By Lisa T. Hauser, Gregory J. Gnepper, Heather J. Boysel, Phoenix, Attorneys for Intervenors/Appellants.

Shugart Thomson & Kilroy, PC By Thomas K. Irvine, Kelly J. Flood, Natalia A. Garrett, Phoenix, Attorneys for Plaintiff/Appellee.

WINTHROP, Presiding Judge.

¶ 1 In its referendum petitions seeking to invalidate a town's rezoning and development ordinances, did the voter-based sponsoring group fail to comply with the statutory mandate that the petitions identify the principal provisions of the challenged governmental acts? The superior court found the subject referendum petitions lacking in this regard and, in turn, misleading to potential petition signers. In this expedited appeal, we examine...

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