Grosvenor Holdings L.C. v. City of Peoria

985 P.2d 622, 195 Ariz. 137, 287 Ariz. Adv. Rep. 64, 1999 Ariz. App. LEXIS 15
CourtCourt of Appeals of Arizona
DecidedJanuary 28, 1999
DocketNo. 1 CA-CV 98-0472
StatusPublished
Cited by6 cases

This text of 985 P.2d 622 (Grosvenor Holdings L.C. v. City of Peoria) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Grosvenor Holdings L.C. v. City of Peoria, 985 P.2d 622, 195 Ariz. 137, 287 Ariz. Adv. Rep. 64, 1999 Ariz. App. LEXIS 15 (Ark. Ct. App. 1999).

Opinions

OPINION

NOYES, Judge.

¶ 1 The trial court granted summary judgment to Grosvenor Holdings L.C. (“Appel-lee”) on its claim that a referendum petition filed by Peoria Citizens for Responsible Development (“Peoria Citizens”) was untimely. Peoria Citizens and the City of Peoria and its City Council (“the City”) appealed. We affirm.

[139]*139i.

¶2 In October 1996, Appellee requested that the City rezone about 71 acres of land from Suburban Ranch to Single Family Residential. On January 14, 1997, the request came to a public healing in an auditorium full of interested citizens. The proposed development was discussed and debated in detail. Many more citizens spoke in opposition to the rezoning request than in favor of it, and the City’s Planning and Zoning Commission decided against the rezoning request. By a four to two vote, however, the City Council overruled the Planning and Zoning Commission, approved the rezoning request, included “stipulations A-F as outlined in the Staff report,” and directed staff to prepare the written ordinance.

¶3 On January 21, the Council approved the minutes of the January 14 meeting. On February 4, the Council, with no discussion, passed and adopted the corresponding ordinance after it was read by the following title and number only: “Ordinance No. 97-06: An ordinance of the City of Peoria, Maricopa County, Arizona conditionally rezoning property from suburban ranch (SR — 43) to single-family residential (Rl-18) zoning district; amending the zoning map and providing for an effective date.”

¶4 On February 6, Peoria Citizens obtained a referendum petition number and circulated petitions to obtain the necessary signatures to refer the ordinance to the voters. A copy of the ordinance was attached to the petitions. On March 5, Peoria Citizens filed the petitions with the City Clerk, who, on March 27,1997, verified that enough qualified electors had signed the petitions to call for a referendum election. There then ensued a year of inactivity, for reasons not reflected in the record. On April 21, 1998, the City Council voted to place the referendum on the ballot for a special election on September 8,1998.

¶ 5 Appellee filed a complaint in superior court on May 1, 1998, requesting a declaration that the referendum petition was invalid because it was filed after the thirty-day time limit, and an injunction prohibiting the City Clerk from printing the referendum petition on the ballots for the upcoming election. After briefing and argument, the court granted summary judgment to Appellee. The court found that the January 14 vote to approve the rezoning request was a legislative act, that the ordinance was “merely administrative in nature,” that the thirty-day time limit began to run on January 21 (when the January 14 minutes were approved), and that the referendum petition was untimely because it was filed on March 5. This appeal followed. We have jurisdiction pursuant to Arizona Revised Statutes Annotated (“A.R.S.”) sections 12-120.21(A)(1) (1992) and 19-122(0 (Supp.1998).

II.

¶ 6 This case involves application of law to undisputed facts; our review, therefore, is de novo. See Voland v. Farmers Ins. Co., 189 Ariz. 448, 450-51, 943 P.2d 808, 810-11 (App.1997).

¶ 7 The Arizona Constitution allows a referendum on any legislative act. See Ariz. Const, art. 4, pt. 1, § 1(8). A referendum petition must be filed with the City Clerk within thirty days after passage of the “ordinance, resolution or franchise” being referred. See A.R.S. § 19-142(A) (Supp.1998). The key inquiry in this and related cases is to find the referable act: Was it the approval of the rezoning request or was it the adoption of the rezoning ordinance? In answering that question here, we see no way around Pioneer Trust Co. v. Pima County, 168 Ariz. 61, 811 P.2d 22 (1991). There, the supreme court held that conditional approval of a rezoning request was a legislative act, that subsequent adoption óf a rezoning ordinance would be an administrative act, and that the right of referendum was triggered by approval of the minutes of the meeting at which the rezoning decision was made. See id. at 65, 811 P.2d at 26. The present case involves the same essential facts as Pioneer Trust: conditional approval of a rezoning request, approval of the minutes at which the rezoning decision was made, and subsequent adoption of a rezoning ordinance. Although the ordinance in the present ease was adopted soon after the minutes were approved, and the ordinance in Pioneer Trust would be [140]*140adopted at some unknown date in the future, Pioneer Trust held that approval of the minutes was the legislative act, and so the same must be true here. To distinguish cases like the present one from the holding of Pioneer Trust requires legislation, or revision of Pioneer Trust, and we can do neither. We also acknowledge that, although Arizona has strong public policy favoring both initiatives and referenda, the supreme court has made clear that, “In cases challenging compliance with constitutional and statutory requirements, however, we ... permit substantial compliance in the initiative context, but require strict compliance in the referendum context.” Western Devcor, Inc. v. City of Scottsdale, 168 Ariz. 426, 428, 814 P.2d 767, 769 (1991) (citations omitted).

¶ 8 We turn now to the arguments. The City argues that the January 14 rezoning decision was the “initial step of the approval process” and the February 4 adoption of the ordinance was the “final step in the legislative process.” The trial court rejected this argument; it found that the ease was controlled by Pioneer Trust and by Wenner-strom v. City of Mesa, 169 Ariz. 485, 491, 821 P.2d 146, 152 (1991), which held that an action becomes subject to a referendum when it is a final decision that circumscribes the freedom of the legislative body. We find no fault with the trial court’s analysis. We agree that, for all practical purposes, the rezoning decision was made on January 14, even though some administrative details were to be completed later. Because the approved minutes of the January 14 decision were available on January 21, the thirty days began to run then, which meant that the petitions were untimely when filed on March 5.

¶ 9 The City and Peoria Citizens argue that the January 14 minutes were insufficient to comply with the constitutional requirement that a “full and correct copy of the title and text of the measure” be attached to the referendum petitions. See Ariz. Const. art. 4, pt. 1, § 1(9). They claim that the minutes do not accurately reflect the Council’s action because stipulations A-F (which were actually provided by the developer) were referred to without specification in the minutes and because the approved ordinance contained some additional stipulations.

¶ 10 The argument that the minutes were insufficient without the developer’s stipulations is essentially the same argument that was rejected in Sherrill v. City of Peoria, 189 Ariz.

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Bluebook (online)
985 P.2d 622, 195 Ariz. 137, 287 Ariz. Adv. Rep. 64, 1999 Ariz. App. LEXIS 15, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grosvenor-holdings-lc-v-city-of-peoria-arizctapp-1999.