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WINKLE v. CITY OF TUCSON

No. CV-97-0374-AP.

949 P.2d 502 (1997)

190 Ariz. 413

Brian WINKLE, an individual; Frank Beauvais, an individual, Plaintiffs/Appellees, v. CITY OF TUCSON; Kathleen Detrick, City Clerk; George Miller, Mayor of the City of Tucson; Jose J. Ibarra, Member of the Tucson City Council; Janet Marcus, Member of the Tucson City Council; Michael J. Crawford, Member of the Tucson City Council; Shirley C. Scott, Member of the Tucson City Council; Steve Leal, Member of the Tucson City Council; and Molly McKasson, Member of the Tucson City Council, Defendants/Appellees, and Carolyn A. TROWBRIDGE; Jeffrey A. Imig; and Maritza J. Broce, Defendants as Real Parties in Interest/Appellants.

Supreme Court of Arizona, En Banc.

December 4, 1997.

Attorney(s) appearing for the Case

Fennemore Craig, P.C. by Andrew M. Federhar, Theresa Dwyer, Amy A. Anderson, Tucson, for Plaintiffs/Appellees.

Thomas J. Berning, Tucson City Attorney by Dennis P. McLaughlin, Bradford C. Detrick, Tucson, for Defendants/Appellees.

Southern Arizona People's Law Center by Paul J. Gattone, Tucson, for Defendants as Real Parties in Interest/Appellants.

OPINION

FELDMAN, Justice.

This is an appeal from an order enjoining the City of Tucson and its Clerk from placing an initiative on the November 1997 ballot. We review the trial court's ruling pursuant to our appellate jurisdiction under A.R.S. § 19-122(C). On September 13, 1997, after considering the submitted briefs, we vacated the trial court's order and advised the Clerk that the initiative could be placed on the general election ballot. We further...

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