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HESS v. PURCELL

No. 1 CA-CV 10-0911.

274 P.3d 520 (2012)

Barry HESS, Candidate; Judith Lewis, voter; Karen Johnson, voter; John D. Brakey, voter; Frank Henry, voter; Jack Scholnick, voter, Plaintiffs/Appellees, v. Helen PURCELL, Maricopa County Recorder; Maricopa County Board of Supervisors, a body politic; Fulton Brock; Don Stapley; Andrew Kunasek; Max W. Wilson; Mary Rose Wilcox, Defendants/Appellants.

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

March 22, 2012.

Attorney(s) appearing for the Case

William G. Montgomery , Maricopa County Attorney, by M. Colleen Connor , Deputy County Attorney, Phoenix, Attorneys for Defendants/Appellants.

Roach Law Firm L.L.C. by Brad Roach , Tucson, Attorney for Plaintiffs/Appellees.

OPINION

PORTLEY, Judge.

¶ 1 Maricopa County ("County")1 challenges the award of attorneys' fees and expenses awarded to Barry Hess and five voters (collectively, "Hess") for the partial success in their mandamus action. Because the trial court did not abuse its discretion, we affirm the judgment.

FACTS AND PROCEDURAL BACKGROUND

¶ 2 In anticipation of the 2010 primary and general election, Barry Hess...

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