ROCKING K HOLDINGS, LTD. v. PIMA COUNTY

No. 2 CA-CV 91-0194.

170 Ariz. 134 (1991)

822 P.2d 487

ROCKING K HOLDINGS, LTD., an Arizona limited partnership, and Rincon Valley Holdings, Ltd., an Arizona limited partnership, Plaintiffs/Appellants, v. PIMA COUNTY, a body politic of the State of Arizona; Daniel Eckstrom, Raul Grijalva, Greg Lunn, Ed Moore, and Reg Morrison, in their capacities as members of and constituting the Pima County Board of Supervisors; Jane S. Williams, in her capacity as Clerk of the Pima County Board of Supervisors; of Elections for Pima County; Mike Boyd, in his capacity as Pima County Recorder; Rincon Valley Coalition, Inc., an Arizona corporation; Kenneth A. Lauter and Judith L. Lauter, individually and as husband and wife; Ron Bernee, an individual; Sharon Bronson, an individual; and Benjamin Watkins and Mary Schanz, husband and wife, Defendants/Appellees.

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

Review Denied January 21, 1992.


Attorney(s) appearing for the Case

Streich Lang, P.A. by Jeffrey Willis and Elizabeth Newlin Taylor, Tucson, for plaintiffs/appellants.

Stephen D. Neely, Pima County Atty. by Christopher L. Straub, Tucson, for defendants/appellees Pima County, Eckstrom, Grijalva, Lunn, Moore, Morrison, Williams, Bahill and Boyd.

Donald E. Gabriel and Anne Graham-Bergin, Tucson, for defendants/appellees Rincon Valley Coalition, Lauter, Bernee, Bronson, Watkins and Schanz.


OPINION

LACAGNINA, Judge.

This appeal is from a judgment arising from an attempt by the Rincon Valley Coalition to refer for public vote a Pima County ordinance adopting Rocking K No. 2 Specific Plan for multi-use zoning of approximately 4,450 acres in Pima County.

Rocking K Holdings, Ltd. and Rincon Valley Holdings, Ltd. argue on appeal that the November 5, 1991 referendum election should be permanently enjoined because the attachments to the referendum...

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