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DEWEY v. JONES

No. 2 CA-CV 88-0368.

159 Ariz. 409 (1989)

767 P.2d 1199

Bruce G. DEWEY, Plaintiff/Appellant, v. Robert Thomas JONES, in his official capacity as Mayor of the Town of Marana; Dorothy Honeycutt, in her official capacity as Clerk of the Town of Marana; Ray Teran, in his official capacity as Manager of the Town of Marana; the following individuals acting in their official capacities as Town Councilpersons; Daniel Groseclose, Tom Hum, Ora Harn, Robert McCrea, David Morales, and Billy W. Schisler; and The Town of Marana, Defendants/Appellees, and Leisure Technology of Arizona, Inc. an Arizona Corporation, and Trust Agreement with Bettina v. Steinfeld dated August 14, 1935 and Trust under Agreement with Harold Steinfeld, et al., dated January 28, 1970, Intervenors.

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

January 19, 1989.

Attorney(s) appearing for the Case

Robert B. Fleming, Tucson, for plaintiff/appellant.

John R. Moffitt, Tucson, for defendants/appellees.

Lewis & Roca by John N. Iurino and Merle J. Turchik, Tucson, for intervenors.

OPINION

LIVERMORE, Presiding Judge.

This appeal raises the question whether appellee, the Town of Marana, may provide by ordinance that a referendum on a town ordinance be voted on at a special election. We agree with the trial court that it may.

Appellant's argument is that because the state constitution, Ariz. Const. art. IV, Pt. 1, § 1(10), requires that state initiative and referendum petitions be voted on at the next "regular general election...

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