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VAN RIPER v. THREADGILL

No. 1 CA-CV 95-0195.

183 Ariz. 580 (1995)

905 P.2d 589

Louise W. VAN RIPER, a resident of the Town of Carefree, Arizona, Plaintiff-Appellant, v. Diane THREADGILL, in her capacity as Town Clerk for the Town of Carefree, Arizona; Town of Carefree, Arizona, a municipal corporation, Defendants-Appellees, Tri-C Investments, an Arizona general partnership, Intervenor.

Court of Appeals of Arizona, Division 1, Department E.

Review Denied November 21, 1995.

Attorney(s) appearing for the Case

Ellen M. Van Riper, Cave Creek, for plaintiff-appellant.

Anderson, Brody, Levinson, Weiser & Horwitz, P.A. by Stephen A. Myers, Phoenix, for defendants-appellees.

Beus, Gilbert & Morrill, P.L.L.C. by Paul E. Gilbert and Jeffrey D. Gross, Phoenix, for intervenor.

OPINION

KLEINSCHMIDT, Presiding Judge.

The issue in this case is whether the failure to file a statement of organization form in connection with an application for a referendum petition renders the signatures obtained on the petition void. We hold that the failure to file the form in this case is excused because the information supplied to the applicant was too ambiguous to enable a person to determine whether the form had to be filed.

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