Posted by AzBlueMeanie:
Baseball sage Yogi Berra was right! "It ain't over 'til it's over."
The Plaintiffs challenging the petitions of the Initiative to Bankrupt the City of Tucson (Prop. 201) filed an appeal from Pima County Superior Court Judge James Marner's order on September 3, 2013. (2 CA-CV 2013-0120).
On September 12, the Court of Appeals ruled in favor of the plaintiffs/appellants, rejected the cross-appeal by counsel for the initiative committee, and remanded the case back to Pima County Superior Court Judge James Marner with instructions to grant the injunctive relief requested by plaintiffs to prevent Prop. 201 from being printed on ballots:
Having considered the briefs filed by the parties and the oral arguments before this court in this expedited election appeal, see Ariz. R. Civ. App. P. 8.1, this court has determined that the trial court erred in rejecting the plaintiffs/appellants/cross-appellees’ challenge as to the validity of certain signatures obtained by circulators of City of Tucson Initiative Petition 2013-1004. We further conclude the cross-appeal raises no issues warranting relief. Accordingly, it is ORDERED: The judgment of the trial court is reversed and the case is remanded to the trial court which is directed by 2:00 p.m., September 12, 2013, to enter judgment in favor of plaintiffs/appellants/cross-appellees and to enter an injunction pursuant to A.R.S. § 19-122(C). A written opinion will follow.
That mandate for injunction does not yet appear on the Pima County Superior Court docket for this case.
Remember, counsel for the initiative committee is Lisa Hauser, who does not take losing well -- something she does frequently -- so she is likely to file a notice of appeal with the Arizona Supreme Court today. The question then is whether the Arizona Supreme Court will even agree to hear an appeal, given the short time for ballots to go to the printers in this expedited election appeal. Time is fast running out on Prop. 201.