Mobile Community Council for Progress, Inc. v. Brock

OPINION

IRVINE, Judge.

¶ 1 This is an appeal from the trial court’s order granting Appellees’ Motion for Judgment on the Pleadings. For the following reasons, we hold that the two-thirds majority vote requirement of Arizona Revised Statutes (“A.R.S.”) section 11-824(C)(Supp.2004)1 is satisfied by a three-to-one vote when one member of the board of supervisors is disqualified from voting. Therefore, we affirm.

FACTS AND PROCEDURAL HISTORY

¶2 On December 4, 2002, the Maricopa County Board of Supervisors (the “Board”) voted on a “Major Plan Amendment to the County Area Plan” that redesignated…