Redelsperger v. City of Avondale

OPINION

PORTLEY, J.

¶ 1 In this expedited appeal, we conclude that the approval of a conditional use permit is an administrative act and therefore not subject to the referendum power reserved to the citizens of a municipal corporation under Article 4, Part 1, Section 1(8), of the Arizona Constitution.

FACTUAL AND PROCEDURAL BACKGROUND

¶2 On October 7, 2001, Timothy Redel-sperger applied to the City of Avondale’s Planning and Zoning Commission for a conditional use permit to construct a storage facility on property zoned C-2. 1 A majority of the Planning and Zoning Commission approved the…