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PRUTCH v. TOWN OF QUARTZSITE

No. 1 CA-CV 12-0290.

296 P.3d 94 (2013)

John PRUTCH, a resident and qualified elector of the Town of Quartzsite, Arizona, Petitioner/Appellant, v. TOWN OF QUARTZSITE, an Arizona municipal corporation; Quartzsite Town Council, in their official capacity as election official for the Town of Quartzsite; Terry Frausto, in her official capacity as Town Clerk for the Town of Quartzsite, Respondents/Appellees, and Mike Jewitt, purported candidate elect to the Town of Quartzsite Town Council, Real Party in Interest/Appellee.

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

As Amended February 26, 2013.

Attorney(s) appearing for the Case

Ellen M. Van Riper, Phoenix, Attorney for Petitioner/Appellant.

Sims Murray Ltd. By Jeffrey T. Murray, Phoenix, Attorneys for Respondents/Appellees.

HOWE, Judge.

¶ 1 John Prutch appeals the dismissal of his complaint against the Town of Quartzsite, its Town Council and Town Clerk, and Mike Jewitt (collectively, "Quartzsite"), challenging Jewitt's election to the Town Council. We hold that the trial court erred as a matter of law in dismissing the complaint based on the defense of laches. That defense requires a trial court to find not only that a plaintiff caused prejudicial delay, but also that the plaintiff...

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