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CITY OF FLAGSTAFF v. MANGUM

No. CV-89-0420-SA.

164 Ariz. 395 (1990)

793 P.2d 548

CITY OF FLAGSTAFF, a municipal corporation, and Linda Butler, in her capacity as City Clerk of the City of Flagstaff, Petitioners, v. Hon. Richard K. MANGUM, Judge of the Superior Court of the State of Arizona, In and For the County of Coconino; and Jacque Sullivan and K. Joseph Nackard, as taxpayers and electors on behalf of Citizens for Responsible Spending, a campaign committee, real parties in interest, Respondents. Jacque SULLIVAN and K. Joseph Nackard, taxpaying electors of the City of Flagstaff, for themselves and on behalf of the Citizens for Responsible Spending, a campaign committee, Petitioners, v. Hon. Richard K. MANGUM, Judge of the Superior Court of the State of Arizona, In and For the County of Coconino; City of Flagstaff, a municipal corporation and political subdivision of the State of Arizona; and Linda Butler, City Clerk for the City of Flagstaff, acting in her official capacity, the real parties in interest, Respondents.

Supreme Court of Arizona, En Banc.

As Modified on Grant of Reconsideration July 5, 1990.

Attorney(s) appearing for the Case

Joseph R. Bertoldo, Flagstaff City Atty., and Hufford, Horstman, McCullough & Mongini, P.C. by Patrice M. Horstman, Flagstaff, for City of Flagstaff and Linda Butler.

Mangum, Wall, Stoops & Warden by Paul L. Brinkmann and Robert W. Warden, Flagstaff, for Jacque Sullivan and K. Joseph Nackard on behalf of Citizens for Responsible Spending.

Shelley & Behea by J. LaMar Shelley, Mesa, for amicus curiae Ariz. League of Cities and Towns.

OPINION

MOELLER, Justice.

JURISDICTION

These two special actions present questions concerning the timeliness of the filing of local initiative petitions and the method of calculating the number of valid signatures on such petitions. The trial court found the petitions to be timely filed, but lacking sufficient valid signatures to require placement on the ballot. Relief by appeal is inadequate because normal...

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