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ARIZONA CITY SANITARY DIST. v. OLSON

No. 2 CA-SA 2010-0016.

230 P.3d 713 (2010)

ARIZONA CITY SANITARY DISTRICT, a political subdivision of the State of Arizona, Petitioner, v. Hon. Robert Carter OLSON, Judge of the Superior Court of the State of Arizona, in and for the County of Pinal, Respondent, and Pinal County, a political subdivision of the State of Arizona; Pinal County Board of Supervisors, a body politic; Pete Rios, Bryan Martyn and David Snider, in their capacities as members of the Pinal County Board of Supervisors; Pinal County Elections Department, a department of Pinal County; Steve Kizer, in his official capacity as the Director of the Pinal County Elections Department; Laura Dean-Lytle, in her official capacity as the Pinal County Recorder; ACSDR2, a political action committee; and William Miller, Richard Autry and Joanne McKenzie, in their official capacities as directors of the Arizona City Sanitary District, Real Parties in Interest.

Court of Appeals of Arizona, Division 2, Department A.

April 16, 2010.

Attorney(s) appearing for the Case

Law Offices of Curtis, Goodwin, Sullivan, Udall & Schwab, P.L.C. By William P. Sullivan, Kelly Y. Schwab, and Michelle Swann, Phoenix, Attorneys for Petitioner.

James P. Walsh, Pinal County Attorney By Chris M. Roll and Joe A. Albo, Florence, Attorneys for Pinal County Real Parties in Interest.

McCarville Law Offices, P.L.C. By Thomas L. Schoaf and Thomas A. McCarville, Litchfield Park, Arizona, Attorneys for Real Party in Interest ACSDR2.

Francis J. Slavin, P.C. By Francis J. Slavin and Daniel J. Slavin, Phoenix, Attorneys for Real Parties in Interest William Miller, Richard Autry, and Joanne McKenzie.

OPINION

ESPINOSA, Presiding Judge.

¶ 1 This special action arises from a complaint filed by petitioner Arizona City Sanitary District (the District) challenging Pinal County's acceptance of petitions for a second election to recall three members of the District's Board of Directors who had been the subject of a previous, unsuccessful recall election in May 2009. We are asked to decide whether there must...

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