VOICE OF SURPRISE v. HALL

No. CV-23-0117-PR.

533 P.3d 942 (2023)

VOICE OF SURPRISE, et al., Plaintiffs/Appellants, v. Skip HALL, et al., Defendants/Appellees.

Supreme Court of Arizona.

Filed August 14, 2023.


Attorney(s) appearing for the Case

Timothy A. La Sota , Timothy A. La Sota, PLC, Phoenix, Jennifer J. Wright (argued), Jennifer Wright Esq., PLC, Phoenix, Attorneys for Voice of Surprise and Quintus Schulzke

Robert Wingo , Ellen Van Riper (argued), Melinda Bird, City of Surprise City Attorney's Office, Surprise, Attorneys for Hall, Duffy, Judd, Winters Jr., Cline, Hastings, Remley, Aguilar and City of Surprise.

Cameron C. Artigue (argued), Gammage & Burnham, P.L.C., Phoenix, Attorneys for Dominium, Inc.

Jeffrey D. Gross , Berry Riddell, LLC, Scottsdale, Attorneys for Truman Ranch 46 SWC LLC.

Nancy L. Davidson , League of Arizona Cities and Towns, Phoenix, Attorneys for Amicus Curiae League of Arizona Cities and Towns.

Daniel J. Adelman , Arizona Center for Law in the Public Interest, Phoenix, Attorneys for Amicus Curiae Arizona Center for Law in the Public Interest.

Kory Langhofer , Thomas Basile , Statecraft PLLC, Phoenix, Attorneys for Amici Curiae Arizona Free Enterprise Club and Center for Arizona Policy Action.

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


¶1 This is a referendum matter concerning a city ordinance. The proponent failed to include the text of the to-be-referred ordinance within its application for a petition serial number, as required by A.R.S. § 19-111(A). The question here is whether that error only affected a presumption...

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