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MORRISSEY v. GARNER

No. CV-19-0271-AP/EL.

461 P.3d 428 (2020)

Thomas P. MORRISSEY, individually, Plaintiff/Appellee, v. Logan Stan GARNER, individually and as Chair of Unite Payson; et al., Defendants/Appellants. Logan Stan Garner, individually and as Chair of Unite Payson; Kim Chittick, individually and as Treasurer of Unite Payson, Counter-Claimants/Cross-Claimants/Cross-Appellants, v. Thomas P. Morrissey, in his Official Capacity as Payson Mayor, et al., Counter-Defendants/Cross-Defendants/Cross-Appellees.

Supreme Court of Arizona.

Filed April 21, 2020.

Attorney(s) appearing for the Case

Timothy A. La Sota , Timothy A. La Sota, PLC, Phoenix, Attorney for Thomas P. Morrissey (in his individual capacity).

Eric H. Spencer , Ryan J. Regula , Snell & Wilmer, L.L.P., Phoenix, Attorneys for Logan Stan Garner, Kim Chittick and Unite Payson.

Aaron Arnson , Pierce Coleman, PLLC, Scottsdale, Attorney for Silva Smith, Thomas P. Morrissey (in his official capacity), Jim Ferris, Chris Higgins, Steven L. Smith, Janell Sterner, Suzy Tubbs-Avakian, Barbara Underwood and Town of Payson.

Jeff Dalton , Gila County Attorney's Office, Globe, Attorney for Sadie Jo Bingham, Tommie Martin, Tim R. Humphrey and Woody Cline.

JUSTICE BOLICK authored the opinion of the Court, in which CHIEF JUSTICE BRUTINEL, VICE CHIEF JUSTICE TIMMER and JUSTICES GOULD, LOPEZ, BEENE and MONTGOMERY joined.

¶1 On December 6, 2019, this Court issued an order affirming the trial court's ruling that defendants (collectively, "Unite Payson") did not obtain sufficient signatures to generate a recall election of plaintiff Mayor Thomas P. Morrissey because the town clerk calculated the number of required signatures...

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