Homebuilders Ass'n of Central Arizona v. City of Scottsdale

925 P.2d 1359, 186 Ariz. 642
CourtCourt of Appeals of Arizona
DecidedMarch 7, 1996
Docket1 CA-CV 95-0486, 1 CA-SA 96-0019
StatusPublished
Cited by6 cases

This text of 925 P.2d 1359 (Homebuilders Ass'n of Central Arizona v. City of Scottsdale) 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
Homebuilders Ass'n of Central Arizona v. City of Scottsdale, 925 P.2d 1359, 186 Ariz. 642 (Ark. Ct. App. 1996).

Opinion

OPINION

CONTRERAS, Presiding Judge.

Intervenor-Appellant Scottsdale Concerned Citizens, Inc. (SCCI) appeals from the trial court’s order granting summary judgment in favor of Appellee City of Scottsdale (city). The trial court ruled that SCCI’s referendum petition did not contain the required number of signatures to be eligible for the city ballot scheduled for February 20, 1996, under a calculation based on the number of voters in a February 1994 city council election. Petitioners New Mexico and Arizona Land Company and Suzanne Drake (collectively petitioner) seek special action review of a contrary trial court ruling, in another ease, that Real Party in Interest Property Owners Protesting Underdeveloped Land Area Rezoning (POPULAR) had an adequate number of signatures on its referendum petition to be eligible for inclusion on the February 20 ballot, under a calculation based on the number of voters in a March 1994 city election.

The issue in both cases is whether the February 1994 or the March 1994 Scottsdale city election should be used as the basis of calculating the number of signatures required for a referendum to be eligible for the city ballot. 1 This question involves the statutory interpretation of the word “councilmen” as either singular or plural in meaning, pursuant to Ariz.Rev.Stat.Ann. (A.R.S.) section 19-142(A), construed with the referenda and initiative provisions of the Arizona Constitution. These are issues of law, for this court to review de novo. See Weekly v. City of Mesa, 181 Ariz. 159, 163, 888 P.2d 1346, 1350 (App.1994) (statutory construction); Perini Land & Dev. Co. v. Pima County, 170 Ariz. 380, 383, 825 P.2d 1, 4 (1992) (interpretation of constitution). For that reason, this court, •on its own motion, consolidated the two eases for judicial economy and an early disposition. See Rule 8(b), Arizona Rules of Civil Appellate Procedure. Additionally, the appeal was accelerated pursuant to A.R.S. section 19-122(C) and we accepted special action jurisdiction because of the statewide importance of this issue and the necessity of reaching a prompt resolution. See City of Flagstaff v. Mangum, 164 Ariz. 395, 397, 793 P.2d 548, 550 (1990) (relief by appeal inadequate if it would result in delay beyond scheduled election).

We conclude that, pursuant to A.R.S. section 19-142(A), the word “councilmen” includes the singular; thus, the March 1994 city election is the basis for calculating the number of signatures necessary for these referendum petitions. Based on this conclusion, we reverse the trial court’s decision in the Homebuilders ease and deny special action relief in the New Mexico and Arizona Land Company case. We conclude that, based on the otherwise uncontested rulings of both trial courts, both referendum petitions contained an adequate number of signatures to place the referenda on the February 20, 1996, city ballot. This court entered an order to that effect on February 13, 1996, with this opinion to follow.

FACTUAL AND PROCEDURAL BACKGROUND

A. Homebuilders Association v. City of Scottsdale

On October 4, 1994, the city enacted Ordinance No. 2710, making certain zoning *645 changes 2 that affected land owned by plaintiffs-appellees (collectively, Homebuilders). On October 10, 1994, SCCI applied for a referendum petition to refer the ordinance to the voters, and was informed by the city clerk at that time that 612 signatures were needed to constitute the required ten percent of qualified electors who voted at the last election for a councilman, in March 1994. On November 4, SCCI returned the petitions with approximately 1200 signatures, and the city clerk determined that the referendum petition was adequate.

In December 1994, Homebuilders filed a civil action in superior court against the city, seeking to have the referendum petition declared invalid, on the basis that the minimum number of signatures should be computed from the number of voters in the February 1994 election, at which two councilmen were elected, based on the use of the plural term “councilmen” in AR.S. section 19-142(A). Under that computation, the petition would be required to have a minimum of 2478 signatures rather than the 612 computed from the March 1994 election, at which only one councilman was elected. SCCI was allowed to intervene, and Homebuilders moved for summary judgment.

After hearing arguments, Judge Michael B. Dann ruled as follows:

The statutory language involved, 19-142(A), referring to referendum petitions is clear. It doesn’t need any interpretation or gloss supplied by me, at least the language election [“]at which a mayor or councilmen were chosen preceding the submission,[”] et cetera.
If I were to interpret it the way the defendants and intervenors suggest [in the singular], I think it would require me to amend the, to ignore, change that language.
And given the difference between the two processes, these two political processes, both of which are important and fundamental and so forth, it makes sense the difference between 142 and 148, 143 the latter, speaking in the singular, mayor or councilman. And given the case law that requires strict compliance with the referendum requirements and because there are no factual issues here — the issue is strictly legal, one for the court — I grant the plaintiffs’ motion [for] partial summary judgment, deny the cross-motions for summary judgment by the defendants and in-tervenors.

In his formal written order, Judge Dann ruled that the referendum petition filed by SCCI did not have the requisite number of signatures, based on the number of voters in the February 1994 election, and ordered the city to reject the petition and exclude the referendum from the ballot. SCCI timely appealed.

B. New Mexico and Arizona Land Company v. Superior Court

On April 4, 1995, the city enacted Ordinance No. 2759. POPULAR submitted a referendum petition, and was told by the city that the requisite number of signatures was either 612 or 2478, depending on the outcome of the Homebuilders suit. The city found that, if the number of signatures was determined to be based on the March 1994 city election, POPULAR’s referendum could be validly included on the ballot. The city scheduled the election for February 20,1996.

Petitioners filed a special action in superior court to invalidate the referendum petition, arguing, in relevant part, that 2478 signatures were required, based on the February 1994 election. On petitioner’s motion for summary judgment, and after oral argument, Judge Steven D. Sheldon issued a lengthy ruling, concluding that the number of qualified electors who must sign the referendum petition is governed by the March 1994 election:

The statutory language in A.R.S.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Forszt v. Rodriguez
130 P.3d 538 (Court of Appeals of Arizona, 2006)
North Valley Emergency, Specialists, L.L.C. v. Santana
93 P.3d 501 (Arizona Supreme Court, 2004)
Estate of McGill Ex Rel. McGill v. Albrecht
57 P.3d 384 (Arizona Supreme Court, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
925 P.2d 1359, 186 Ariz. 642, Counsel Stack Legal Research, https://law.counselstack.com/opinion/homebuilders-assn-of-central-arizona-v-city-of-scottsdale-arizctapp-1996.