Barry v. Alberty

OPINION

CONTRERAS, Judge.

Appellant John J. Barry appeals from the trial court’s judgment dismissing his petition for special action. In the special action petition, Barry asked the trial court for an order compelling the Gilbert Town Clerk (“Appellee” or “Town Clerk”) to accept and file a referendum petition. The trial court dismissed the special action petition as untimely because it was not filed within ten days after Appellee refused to accept and file the referendum petition. 1 We affirm the trial court’s judgment.

There are four issues presented on appeal:

1) whether the ten-day period for…