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REDELSPERGER v. CITY OF AVONDALE

No. 1 CA-CV 03-0309.

87 P.3d 843 (2004)

207 Ariz. 430

Timothy REDELSPERGER, a married man, Plaintiff-Appellant, v. CITY OF AVONDALE, an Arizona municipal corporation; Mayor Ronald J. Drake; Vice Mayor Marie Lopez-Rogers; Council Members Peggy Jones; Stephanie Karlin; Raymond Shuey; Betty Lynch; Albert Carroll, Jr., being the Mayor and Council of the City of Avondale in their official capacities; City Clerk Linda Ferris, in her official capacity, Defendants-Appellees, and Citizens for Better Avondale, Intervenor-Appellee.

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

April 6, 2004.

Attorney(s) appearing for the Case

Mariscal, Weeks, McIntyre & Friedlander, P.A., Phoenix, by Michael S. Rubin, James T. Braselton, for Plaintiff-Appellant.

C. Brad Woodford, Phoenix, for Defendants-Appellees.

Gallagher & Kennedy, P.A., Phoenix, by Jeffrey D. Gross, John D. DiTullio, for Intervenor-Appellee.

OPINION

PORTLEY, J.

¶ 1 In this expedited appeal, we conclude that the approval of a conditional use permit is an administrative act and therefore not subject to the referendum power reserved to the citizens of a municipal corporation under Article 4, Part 1, Section 1(8), of the Arizona Constitution.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 On October 7, 2001, Timothy Redelsperger applied to the City of Avondale's Planning and Zoning...

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