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GROSVENOR HOLDINGS L.C. v. CITY OF PEORIA

No. 1 CA-CV 98-0472.

985 P.2d 622 (1999)

195 Ariz. 137

GROSVENOR HOLDINGS L.C., Plaintiff-Appellee, v. CITY OF PEORIA, an Arizona municipal corporation, acting by and through its City Council; Mayor John C. Keegen, Vice-Mayor Ella Makula, Councilmen Joseph La Rue and Kenneth Forgia, and Councilwomen Rebekah Coty, Hortencia Gutierrez, and Patricia Dennis as members of and constituting the City Council of the City of Peoria; Jan Graziano, in her capacity as Peoria City Clerk; Terry Ellis in his official capacity as Peoria City Manager, Defendants-Appellants, Colleen Campbell and J.D. Campbell, individually and husband and wife, and acting on behalf of Peoria Citizens for Responsible Development, Real Parties in Interest.

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

Review Denied September 21, 1999.

Attorney(s) appearing for the Case

City of Peoria, Office of the City Attorney by Stephen M. Kemp and Cheryl A. Boswell, Peoria, for Defendant-Appellants.

Fennemore Craig, P.C. by Graeme Hancock and William S. Gates, Phoenix, for Plaintiff-Appellee.

Sacks Tierney P.A. by Andrew L. de Mars and Brian de Vallance, Phoenix, for Real Parties in Interest.

OPINION

NOYES, Judge.

¶ 1 The trial court granted summary judgment to Grosvenor Holdings L.C. ("Appellee") on its claim that a referendum petition filed by Peoria Citizens for Responsible Development ("Peoria Citizens") was untimely. Peoria Citizens and the City of Peoria and its City Council ("the City") appealed. We affirm.

I.

¶ 2 In October 1996, Appellee requested that the City...

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