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COTA-ROBLES v. MAYOR & COUNCIL OF TUCSON

No. 2 CA-CV 89-0059.

163 Ariz. 143 (1989)

786 P.2d 994

Mario COTA-ROBLES, Patrick McDonald, Michael Haggerty, and George Gault, Plaintiffs/Appellants, v. MAYOR AND COUNCIL OF the CITY OF TUCSON and The City of Tucson, a municipal corporation, Defendants/Appellees, State of Arizona, ex rel. Charles L. Miller, Director, Department of Transportation; Donald H. Laidlaw; Donald G. Shropshire; Donald F. Fornear; Bruce E. Dusenberry; Humberto S. Lopez; W.D. Breck, Sr.; G. Richard Ketchum; and William M. Clements, Intervenors/Appellees.

Court of Appeals of Arizona, Division 2, Department B.

Review Denied February 26, 1990.

Attorney(s) appearing for the Case

Law Office of John S. O'Dowd by John S. O'Dowd and Southern Arizona Legal Aid, Inc. by William E. Morris, Tucson, for plaintiffs/appellants.

Harrison, Rollman & Gabroy, P.C. by John Gabroy and Frederick S. Dean, Tucson City Atty. by Bradford C. Detrick, Tucson, for defendants/appellees.

Robert K. Corbin, Atty. Gen. by G.A. Turner, Phoenix, for intervenor/appellee State of Ariz.

Molloy, Jones & Donahue, P.C. by D. Michael Mandig and David A. McEvoy, Tucson, for intervenors/appellees Laidlaw, Shropshire, Fornear, Dusenberry, Lopez, Breck, Ketchum and Clements.

OPINION

FERNANDEZ, Chief Judge.

Appellants Mario Cota-Robles, Patrick McDonald, Michael Haggerty and George Gault, voters and concerned citizens in Tucson, appeal from the summary judgments entered against them in their suit seeking to compel the Mayor and Council of the City of Tucson to call a referendum election on the alignment of the proposed Aviation Parkway. We affirm.

In February 1981, the Pima Association...

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