Lawrence v. Jones

18 P.3d 1245, 199 Ariz. 446, 341 Ariz. Adv. Rep. 16, 2001 Ariz. App. LEXIS 25
CourtCourt of Appeals of Arizona
DecidedFebruary 20, 2001
Docket1 CA-CV 00-0301
StatusPublished
Cited by10 cases

This text of 18 P.3d 1245 (Lawrence v. Jones) 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
Lawrence v. Jones, 18 P.3d 1245, 199 Ariz. 446, 341 Ariz. Adv. Rep. 16, 2001 Ariz. App. LEXIS 25 (Ark. Ct. App. 2001).

Opinion

OPINION

VOSS, Presiding Judge.

¶ 1 Plaintiffs appeal from the trial court’s denial of their challenge to a Mesa zoning referendum and from denial of their motion for new trial and to amend the judgment. Plaintiffs sought to compel the Clerk of the-City of Mesa to disqualify invalid signatures on Referendum RF00-2, which attempted to overturn a zoning change from M-2 (general industrial use) to C-2 (limited commercial use) as enacted by Mesa Ordinance No. 3744. This appeal raises two issues: (1) whether attachment of a zoning map to the petition *448 was sufficient to meet the requirement that a “legal description” of the subject property be included in the petition, pursuant to Ariz. Rev.Stat. (“A.R.S.”) section 19-121(E); and (2) whether petition signatures obtained by petition circulators who were not residents of Mesa were valid.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 We set forth the undisputed facts directly from the trial court’s ruling because they are well-stated and supported by the record:

On or about October 25, 1999, Plaintiff DMB/Cirele Road Partners filed an application for re-zoning certain property located in the City of Mesa from M-2 to C-2 to allow for the development of a shopping center. That zoning change was approved by the Mesa City Council on or about February 7, 2000, by Ordinance No. 3744. Thereafter, the Mesa Neighborhood Alliance was formed and circulated Referendum Petition No. RFOO-2 against the council’s adoption of Mesa City Ordinance No. 3744.
In order for a referendum to be placed on a Mesa election ballot, 2,729 qualified signatures are required. On or about March 10, 2000, over 4,000 signatures for Referendum Petition No. RF00-2 were filed with the Mesa City Clerk, of which 3,070 signatures. were found eligible on April 4, 2000. On or about April 3, 2000, the Mesa City Clerk advised the mayor and city council that Referendum Petition RF00-2 contained sufficient valid signatures to be placed on the ballot and that the initiative would appear on the ballot March 12, 2002, unless the council determined to place it on a special election ballot.
The petitions that were circulated by the Mesa Neighborhood Alliance had attached a copy of Ordinance No. 3744, which included a copy of the “Official Supplementary Zoning Map Amending the City of Mesa Zoning Map.” This Official Supplementary Zoning Map shows the property affected by the zoning change as a shaded area at the intersection of Greenfield and McKel-
lips Road. The map also references the zoning petition number, the change to C-2 and Ordinance No. 3744, together with the description 35.3[ +/-] acres.
Five individuals who were residents of Arizona but not of Maricopa County, and 39 individuals who were residents of Maricopa County but not the City of Mesa circulated petitions and gathered 3,448 signatures of the total number filed. Defendants admit that unless the petitions circulated by non-Mesa residents are counted, there were insufficient signatures for this referendum to be placed on the Mesa City ballot.

¶3 On April 14, 2000, plaintiffs filed a special action in superior court, seeking to compel the Mesa City Clerk to disqualify invalid signatures on the referendum petition on two grounds: first, because the attachment of the zoning map to the petition was insufficient to meet the requirement of a “legal description” of the property pursuant to A.R.S. section 19 — 121(E); and second, because petition signatures obtained by nonresidents of Mesa were invalid pursuant to A.R.S. sections 19-114, 16-101, and Mesa City Code section l-8-2(C).

¶ 4 After an evidentiary hearing, the trial court accepted special action jurisdiction but denied relief, determining on the merits that attaching the zoning map met the requirement of “includ[ing] a legal description of the property,” and that the petition circulators were not required to be Mesa residents, pursuant to the recent decision of the United States Supreme Court in Buckley v. American Constitutional Law Foundation Inc., 525 U.S. 182, 119 S.Ct. 636, 142 L.Ed.2d 599 (1999). After denial of their motions for a new trial and to amend the judgment, plaintiffs timely appealed.

DISCUSSION

1. Zoning Map as a “Legal Description"

¶ 5 A zoning referendum petition must include, among other things, the following:

In the case of zoning measures the measure shall also include a legal description of the property and any amendments *449 made to the ordinance by the legislative body.

A.R.S. § 19-121(E)(emphasis added). In ruling that the inclusion of the zoning map met this requirement, the trial court concluded:

The Court further finds that the Official Supplementary Zoning Map is a sufficient legal description for purposes of the referendum petition. This is the official legal description utilized by the City of Mesa for purposes of zoning. The evidence was undisputed that the City of Mesa has an official zoning map and zoning changes are made by the adoption of an ordinance and an official supplementary zoning map showing the change. To be consistent with the practice in Mesa for legal descriptions for zoning, the official Mesa zoning map is the appropriate legal description to be attached to the referendum petitions seeking referendum on zoning changes. In addition, the attachment of the Official Supplementary Zoning Map contains a sufficient description of the property for readers of the petition to understand its location and size, which the Court concludes is the intent of the statute’s requirement that a legal description be attached.
Plaintiffs contend that a legal description describing in metes and bounds, by section and township, or by reference to a lot, block, tract, or parcel in a recorded subdivision plat is the type of legal description required. Plaintiffs point out that there are numerous references in Arizona [R]evised [Statutes to legal descriptions and specific requirements for what constitutes a sufficient legal description in many circumstances. The purpose and intent of a legal description according to Black’s Law Dictionary (5th Ed.) is that it be “complete enough that a particular parcel of land can be located and identified.” The attachment of the Official Supplementary Zoning Map accomplishes this purpose and intent. It provides signers of the referendum petition with the specific location of the property in reference to its location in the City of Mesa and with reference to the official zoning map of the City of Mesa. The Court finds that the attachment of the Official Supplementary Zoning Map is a
legal description within the meaning of A.R.S. § 19-12HE).

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Cite This Page — Counsel Stack

Bluebook (online)
18 P.3d 1245, 199 Ariz. 446, 341 Ariz. Adv. Rep. 16, 2001 Ariz. App. LEXIS 25, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lawrence-v-jones-arizctapp-2001.