Order: Barbara J. Sherman, et. al. v City of Tempe and Neil Giuliano

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SUPREME COURT OF ARIZONA BARBARA J. SHERMAN; THOMAS L. SHERMAN; ELEONORE CURRAN; NANCY GOREN; GARY GOREN; CAROLE HUNSINGER; JALMA W. HUNSINGER; CATHERINE M. MANCINI; and DOMINIC D. MANCINI, ) ) ) ) ) ) ) Contestant, Plaintiffs-Appellants,) ) v. ) ) CITY OF TEMPE and NEIL GIULIANO, ) ) Contestee, Defendants-Appellees. ) ) ) __________________________________) Arizona Supreme Court No. CV-01-0287-PR Court of Appeals Division One No. 1 CA-CV 00-0348 Maricopa County Superior Court No. CV 00-010005 O R D E R The Court, en banc, has reviewed the record, the briefs of counsel, and has heard oral argument. IT IS ORDERED vacating the Opinion of the Court of Appeals and affirming the judgment of the Superior Court. The Tempe City election of May 16, 2000 in which Proposition 100 was on the ballot was a valid election and Proposition 100 was properly approved by a majority of the voters. A formal Opinion of the Court will follow in due course. DATED this _____ day of January, 2002. ________________________ CHARLES E. JONES Chief Justice

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