JONES v. PANIAGUA

Nos. 1 CA-CV 08-0225 EL, 1 CA-CV 08-0499 EL.

212 P.3d 133 (2009)

Randy L. JONES, a citizen and qualified elector of the City of Phoenix, Plaintiff/Appellee, v. Mario PANIAGUA, in his official capacity as the Phoenix City Clerk; Phil Gordon, in his official capacity as Mayor of the City of Phoenix; Peggy Neely, in her official capacity as member of the Phoenix City Council and Vice Mayor; Thelda Williams, in her official capacity as member of the Phoenix City Council; Maria Baier, in her official capacity as member of the Phoenix City Council; Tom Simplot, in his official capacity as member of the Phoenix City Council; Claude Mattox, in his official capacity as member of the Phoenix City Council; Greg Stanton, in his official capacity as member of the Phoenix City Council; Michael Nowakowski, in his official capacity as member of the Phoenix City Council; Michael Johnson, in his official capacity as member of the Phoenix City Council; Frank Fairbanks, in his official capacity as City Manager of the City of Phoenix; and the City of Phoenix, Defendants/Appellants. Holl Ander Properties, an Arizona limited liability company, Intervenor.

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

March 26, 2009.


Attorney(s) appearing for the Case

Gammage & Burnham, P.L.C. By Lisa T. Hauser, Heather J. Boysel, Phoenix, Attorneys for Appellee.

Gary Verburg, City Attorney, City of Phoenix By Bill C. Solomon, Assistant City Attorney, Phoenix, Attorneys for Appellants.


OPINION

KESSLER, Acting Presiding Judge.

¶ 1 These consolidated appeals raise the question whether appellant, the City of Phoenix ("City" or "Phoenix"), may enforce an ordinance that bases the number of signatures required for referendum petitions on the last mayoral election preceding a referendum application even though a run-off election for city council came after the mayoral election. Specifically...

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