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Arizona Superior Court rules that Oro Valley acted in accordance with state law by rejecting petitions

Arizona Superior Court, Pima County, Hon. Gus Aragon has ruled that the Oro Valley Town Clerk acted in accordance with state law when she rejected petitions for referendum because they did not contain the required serial numbers.

The petitions, which were filed January 15, 2015, sought to refer to a ballot the December 17, 2014 Town Council decision to acquire the El Conquistador Country Club and its related amenities.

February 5, 2015

In his official filing on February 4, 2015, Hon. Gus Aragon stated, “The Court finds Plaintiffs failed to comply with the plain language of the applicate statute, and the petitions were not legally sufficient under A.R.S. 19-111(B). The Court finds Plaintiffs have failed to satisfy their burden of proof. The Court further finds that Defendant’s actions being challenged in this matter complied with Arizona law.”

It was made clear in the judge’s filing that “there is no dispute that the rejected petitions omitted the assigned official serial number,” but that the plaintiffs argue this is insignificant and should not be grounds for rejection.

The Town of Oro Valley will move forward with its plans to acquire the El Conquistador Country Club and convert it into a community and recreation center.

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