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POINTE RESORTS, INC. v. CULBERTSON

No. CV-87-0362-AP.

158 Ariz. 137 (1988)

761 P.2d 1041

The POINTE RESORTS, INC., an Arizona corporation; and Gosnell Development Corporation, an Arizona corporation, Appellees/Cross-Appellants, v. Donna CULBERTSON, in her official capacity as Clerk of the City of Phoenix; Alex Cordova, in his official capacity as Deputy Clerk of the City of Phoenix; and The City of Phoenix, a body politic, Appellees, and Ruth Hamilton, Charles M. Monroe, and Dora Quesada, Appellants/Cross-Appellees.

Supreme Court of Arizona.

September 13, 1988.

Attorney(s) appearing for the Case

Gammage & Burnham by Grady Gammage, Jr., Richard K. Mahrle and Karen L. Schroeder, Phoenix, for Pointe Resorts and Gosnell Development.

Roderick G. McDougall, Phoenix City Atty. by Larry F. Felix, Asst. City Atty., Phoenix, for City of Phoenix, Culbertson and Cordova.

Cox and Cox by Z. Simpson Cox and Alfred S. Cox and Fujii, Shaw, Yen, Hobson & Pilch by Robert E. Yen and William R. Hobson, Phoenix, for Hamilton, Monroe and Quesada.

MOELLER, Justice.

JURISDICTION

Appellants Ruth Hamilton, Dora Quesada and Charles Monroe (Hamilton) appeal from a final judgment entered in Maricopa County Superior Court in favor of The Pointe Resorts, Inc., and Gosnell Development Corporation (Gosnell). The trial court ruled that Proposition 100, an initiative measure, effective January 14, 1987, which prevents the Phoenix City Council from disposing of city mountain preserve land without voter...

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