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HOMEBUILDERS ASS'N v. CITY OF SCOTTSDALE

Nos. 1 CA-CV 95-0486, 1 CA-SA 96-0019.

186 Ariz. 642 (1996)

925 P.2d 1359

HOMEBUILDERS ASSOCIATION OF CENTRAL ARIZONA, an Arizona non-profit corporation; Robert Solem; and Mark Solem, Plaintiffs-Appellees, v. CITY OF SCOTTSDALE, a municipal corporation; Sonia Robertson, in her official capacity as City Clerk, Defendants-Appellees, and Scottsdale Concerned Citizens, Inc., Intervenor-Appellant. NEW MEXICO AND ARIZONA LAND COMPANY, an Arizona corporation; and Suzanne Drake, Petitioners, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, the Honorable Steven D. Sheldon, a judge thereof, Respondent Judge, Helen PURCELL, in her official capacity as Maricopa County Recorder; City of Scottsdale, a municipal corporation; and Sonia Robertson, in her official capacity as City Clerk of the City of Scottsdale, Arizona; POPULAR (Property Owners Protesting Undeveloped Land Area Rezoning), an Arizona Association, Real Parties in Interest.

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

As Modified March 7, 1996.

Attorney(s) appearing for the Case

Beus, Gilbert & Morrill, P.L.L.C. by Paul E. Gilbert, Jeffrey D. Gross, John T. Moshier, Phoenix, for Plaintiffs-Appellees and Petitioners.

Burch & Cracciolo, P.A. by Andrew Abraham, Brent J. Welker, Phoenix, for Defendants-Appellees.

Siegel, Bellovin & Karnas by M. David Karanas, Michael H. Carter, Michael D. Richter, Tucson, for Intervenor-Appellant.

Maricopa County Attorney, Division of County Counsel by Christina P. Sargeant, Deputy County Attorney, Phoenix, for Real Party In Interest Helen Purcell.

City Attorney's Office, City of Scottsdale by Amy L. Lieberman, Fredda J. Bisman, Scottsdale, for Real Parties in Interest City of Scottsdale and Sonia Robertson.

POPULAR by Hannah Goldstein, Chairman, Marlene Baker, Treasurer, Scottsdale, Real Party In Interest pro se.

OPINION

CONTRERAS, Presiding Judge.

Intervenor-Appellant Scottsdale Concerned Citizens, Inc. (SCCI) appeals from the trial court's order granting summary judgment in favor of Appellee City of Scottsdale (city). The trial court ruled that SCCI's referendum petition did not contain the required number of signatures to be eligible for the city ballot scheduled for February 20, 1996, under a calculation based on the number of voters in a February 1994 city council...

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