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WILHELM v. BREWER

No. CV-08-0269-AP/EL.

192 P.3d 404 (2008)

Connie WILHELM, a citizen and qualified elector of Maricopa County, Robert A. Shank, a citizen and qualified elector of Maricopa County, and Edward P. Taczanowsky, a citizen and qualified elector of Pima County, Plaintiffs/Appellants, v. Janice K. BREWER, in her official capacity as Secretary of State for the State of Arizona; and The Boards of Supervisors of Apache, Cochise, Coconino, Gila, Graham, Greenlee, La Paz, Maricopa, Mohave, Navajo, Pima, Pinal, Santa Cruz, Yavapai, and Yuma Counties, in their official capacities, Defendants/Appellees, and Homeowners' Bill of Rights Committee, an unincorporated association, Real Party in Interest.

Supreme Court of Arizona, En Banc.

September 25, 2008.

Attorney(s) appearing for the Case

Gammage & Burnham PLC by Lisa T. Hauser, Gregory J. Gnepper, Heather J. Boysel, Phoenix, Attorneys for Connie Wilhelm, Robert A. Shank, and Edward P. Taczanowsky.

Terry Goddard, Arizona Attorney General by Tanja K. Shipman, Assistant Attorney General, Barbara A. Bailey, Assistant Attorney General, Phoenix, Attorneys for Janice K. Brewer.

Terence C. Hance, Coconino County Attorney by Jean E. Wilcox, Deputy County Attorney, Flagstaff, Attorneys for Coconino County Board of Supervisors.

Barbara Lawall, Pima County Attorney by Daniel S. Jurkowitz, Deputy County Attorney, Tucson, Attorneys for Pima County Board of Supervisors.

Davis, Cowell & Bowe, LLP by Andrew J. Kahn, Elizabeth A. Lawrence, San Francisco, CA, Attorneys for Homeowners' Bill of Rights Committee.

OPINION

RYAN, Justice.

¶1 Connie Wilhelm and others ("Wilhelm") challenged the petition form circulated by the Homeowners' Bill of Rights Committee ("proponents") in an action under Arizona Revised Statute ("A.R.S.") section 19-122(C) (2002). The petition proposed an initiative measure called the Homeowners' Bill of Rights. Wilhelm sought an order barring the Secretary of State from placing the measure on the 2008 general election ballot. After a hearing...

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