(Update) Lawsuit to challenge the initiative to bankrupt the City of Tucson – appeal filed


Posted by azblueMeanie:

As the great baseball sage Yogi Berra once said, "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).

Pursuant to Plaintiffs/Appellants’ Notice of Filing Appeal and Notice of
Expedited Election Matter Pursuant to ARCAP Rule 8.1(c ) and Request
for Scheduling Conference Pursuant to ARCAP 8.1(f),a scheduling conference was held on September 4, 2013. Order below the fold:

The court having conducted a scheduling conference pursuant to
appellant’s Notice of Filing Appeal and Notice of Expedited Election
Matter Pursuant to Rule 8.1(c), ARCAP, it is
ORDERED: To facilitate the timely preparation of the record on appeal,
the clerk of the Court of Appeals shall transfer the record in 2 CA-CV
2013-0118 to the record in this appeal and the clerk of the Pima County
Superior Court shall transfer any portion of the record in Cause No.
C20134029 after August 27, 2013 to this court no later than 5:00
p.m., Thursday, September 05, 2013.
FURTHER ORDERED: Appellant shall coordinate with the court reporter to
ensure that the transcripts for the evidentiary hearing(s) conducted in
the trial court shall be filed on or before 5:00 p.m., Thursday,
September 05, 2013. . . .
FURTHER ORDERED: The parties shall simultaneously file opening briefs
on or before 5:00 p.m. Friday, September 06, 2013, and simultaneously
file answering briefs on or before 9:00 a.m., Monday, September 09,
2013. No reply briefs shall be filed.
FURTHER ORDERED: The form of the briefs shall substantially comply with
ARCAP 13, with the exception that the opening brief need not include a
separate statement of facts and statement of the case, and the answering
briefs need not include a table of contents or table of citations.
FURTHER ORDERED: Oral argument shall be conducted before Division Two
of the Court of Appeals in its third-floor Courtroom in the State Office
Complex, 400 W. Congress Street, North Building, Tucson, Arizona, on
Tuesday, filing fee in the Court of Appeals, Tuesday, September 10, 2013
at 3:00 p.m. Each side may have twenty-five minutes to be heard.

So this game is going into extra innings with oral argument at the Court of Appeals next Tuesday. Stay tuned.