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KATAN v. CITY OF PRESCOTT

No. 1 CA-CV 09-0611 EL.

221 P.3d 370 (2009)

Paul KATAN, an individual, Plaintiff/Appellee, v. CITY OF PRESCOTT, a municipal corporation; Liz Burke, in her official capacity as the Prescott City Clerk, Defendants/Appellants.

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

December 3, 2009.

Attorney(s) appearing for the Case

Gil Shaw, Prescott, Attorney for Plaintiff/Appellee.

City of Prescott Legal Department by Thomas Lloyd, Chief Assistant City Attorney, Prescott, Attorneys for Defendants/Appellants.

Arizona Center for Law in the Public Interest by Timothy M. Hogan, Phoenix, Attorney for Intervenor Taxpayer Protection Committee.

OPINION

IRVINE, Judge.

¶ 1 This case concerns a challenge to the general election ballot for the 2009 City of Prescott election. Paul Katan argues that he should have been listed as one of six candidates on that ballot. The City disputes this because Katan was not one of the six candidates receiving the highest number of votes in the primary election. The trial court agreed with Katan and ordered the City to include Katan on the ballot. Because we conclude...

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