(Download) "Pointe Resorts Inc. V. Culbertson" by Arizona Supreme Court * eBook PDF Kindle ePub Free

March 12, 2021

eBook details

Title: Pointe Resorts Inc. V. Culbertson
Author : Arizona Supreme Court
Release Date : January 13, 1988
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 66 KB

Description

Appellants Ruth Hamilton, Dora Quesada and Charles Monroe (Hamilton) appeal from a final judgment entered in Maricopa County Superior Court in favor of The Pointe Resorts, Inc., and Gosnell Development Corporation (Gosnell). The trial court ruled that Proposition 100, an initiative measure, effective January 14, 1987, which prevents the Phoenix City Council from disposing of city mountain preserve land without voter approval, did not affect an earlier land-trade leaseback transaction between Gosnell and the City of Phoenix (City). Hamilton had also sought, by referendum, to submit the challenged transaction to a vote of the people. The city clerk found the referendum petition signatures to be insufficient, and the trial court ruled that Hamilton's attempt to challenge that finding was untimely. Hamilton appealed both rulings directly to this court. Gosnell filed an alternative cross-appeal challenging the trial court's ruling that the method the City used to permit withdrawal of referendum petition signatures was invalid. No stay of the judgment was sought or entered. The agreement between Gosnell and the City has been fully executed pending appeal. Gosnell has constructed the contemplated golf course on some of the land involved.