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LANE v. CITY OF SCOTTSDALE

No. 1 CA-CV 24-0545 EL.

559 P.3d 1127 (2024)

William James LANE, et al., Plaintiffs/Appellants, v. CITY OF SCOTTSDALE, et al., Defendants/Appellees.

Court of Appeals of Arizona, Division 1.

Filed October 22, 2024.

Attorney(s) appearing for the Case

Scharf-Norton Center for Constitutional Litigation at the Goldwater Institute, Phoenix, By Jonathan Riches, Scott Day Freeman, Adam Shelton, Counsel for Plaintiffs/Appellants.

Sherman & Howard L.L.C., Phoenix, By Craig A. Morgan, Shayna Stuart, Jake T. Rapp, Counsel for Defendants/Appellees City of Scottsdale.

Coppersmith Brockelman PLC, Phoenix, By D. Andrew Gaona, Austin C. Yost, Counsel for Amicus Curiae Vote Yes-Yes.

Timothy A. La Sota, PLC, Phoenix, By Timothy A. La Sota, Counsel for Amicus Curiae David Smith.

League of Arizona Cities and Towns, Phoenix, By Nancy L. Davidson, Counsel for Amicus Curiae AZ Cities/Towns.

Acting Presiding Judge Anni Hill Foster delivered the opinion of the Court, in which Judge Samuel A. Thumma and Judge Michael S. Catlett joined. Judge Michael S. Catlett also delivered a separate special concurrence.

OPINION

¶1 This case arises from defendant City of Scottsdale ("City") seeking to refer a measure to its voters in the upcoming November 2024 general election and a dispute over the ballot language approved by the City. Plaintiffs William Lane, Yvonne Cahill and Susan Wood ("Residents") appeal the superior court's dismissal...

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