Opinion

Wennerstrom v. City of Mesa

  • 169 Ariz. 485
  • 98 Ariz. Adv. Rep. 8
  • 821 P.2d 146
  • 1991 Ariz. LEXIS 117
Court
Arizona Supreme Court
Filed
Oct 24, 1991
Status
Published
Author
Corcoran
On the bench
Moeller, Corcoran, Feldman, Gordon, Cameron
Cited by
25 cases

explaining that “[i]f a city makes unauthorized expenditures, the law may provide a remedy, but the expenditures do not convert a non-referable resolution into a referable one”

How later courts described this case

  • explaining that “[i]f a city makes unauthorized expenditures, the law may provide a remedy, but the expenditures do not convert a non-referable resolution into a referable one”
  • concluding that “only the [City] Council’s legislative actions were subject to referendum”
  • describing the two types of referendum measures recognized in the Arizona Constitution, one of which “permits the legislature to refer a legislative enactment to a popular vote”
  • noting an act is legislative "if it prescribes a new policy or plan" but is administrative "if it merely pursues a plan already adopted" (quoting 5 McQuillin, supra, § 16:53)

Written by the judges who cited it.

The opinion

CORCORAN, Justice,

specially concurring:

I cast my lot with the majority only because I believe it applies traditional con *496 cepts of what is legislative and what is administrative to this referendum. This case is made difficult because all of the money realized from the approval of the Bond Election by the voters of Mesa is committed to one project. If we were faced with only one project of $1 million of 30 such projects, perhaps we all could agree with the majority.

In many bond elections throughout the state, the specific projects to which designated proceeds of a bond election will be committed are precisely set forth. Perhaps the legislature, boards of supervisors, and city councils should consider tying specific projects to the bond election so that not only will voters know the amount of indebtedness to be incurred and the general purpose for which bond proceeds will be used, but will also know specifically for what project precise sums of money will be used. In that way, informed voters can make informed choices.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.