Crouch v. City of Tucson

OPINION

HATHAWAY, Judge.

Appellant filed a petition for statutory special action asserting that the City of Tucson has allowed a franchise to exist, “de facto or otherwise,” in favor of Mountain States Telephone and Telegraph Company without submitting the franchise to the electorate of the City of Tucson, 1 and requested a writ of mandamus requiring the city to submit the franchise to the electorate of the city at the next general election for their approval or disapproval. The city answered and the telephone company intervened and filed a motion to dismiss which was granted. This appeal…