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SHERRILL v. CITY OF PEORIA

No. CV-96-0530-PR.

943 P.2d 1215 (1997)

189 Ariz. 537

Chester B. SHERRILL; Paula Myles Investments, L.L.C., an Arizona limited liability company, Plaintiffs/Appellants. v. CITY OF PEORIA, a municipal corporation; Janice Graziono, in her capacity as City Clerk; Lorna Thacker, in her capacity as representative of Yes, Oppose Unresponsive Representation, Citizens of Peoria, Defendants/Appellees.

Supreme Court of Arizona, En Banc.

August 12, 1997.

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/Appellants.

Stephen M. Kemp, Peoria City Attorney by Stephen M. Kemp, Peoria, for Defendant/Appellee City of Peoria.

Yen & Pilch, P.L.C. by Caroline A. Pilch, Phoenix, for Defendant/Appellee Lorna Thacker.

W J Harrison & Associates, P.C. by W. James Harrison and Gabroy Rollman & Bosse, P.C. by Richard M. Rollman, Richard A. Brown, Phoenix, for Amicus Curiae Redhawk Marana, L.L.C.

Ellen M. Van Riper, Cave Creek, Amicus Curiae In Propria Persona.

Gregory J. Anderson, Tucson, for Amicus Curiae Robert Sharpe & Associates/Carlier Company.

OPINION

JONES, Vice Chief Justice.

This appeal raises the question whether a petition challenging a City of Peoria zoning ordinance adequately complied with the requirements of the Arizona Constitution and referendum statutes. Petitioner Lorna Thacker, who represents a Peoria citizens group (Citizens), seeks review of an adverse decision by the court of appeals. We have jurisdiction under Arizona Constitution article VI, section 5(3), and Arizona Revised...

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