Residents filed a special action complaint against city and city clerks, challenging city’s decision that an initiative they submitted to decree that a certain street in the city never be narrowed was non-legislative and thus would not be placed on the ballot.
Following an expedited show-cause hearing, the Superior Court, Coconino County denied residents’ requests for declaratory, injunctive, mandamus, and other relief, agreed with the city that the subject matter of the initiative was administrative rather than legislative, and entered judgment for city. Residents appealed. The Court of Appeals affirmed. The Supreme Court granted residents’ petition for review.
The Supreme Court held that:
- Residents, as qualified electors of city, had the power to propose an initiative on any matter legislative in nature, and
- Initiative set the public policy of preserving the street as it existed and preventing use of public funds to narrow the street was legislative in nature and therefore could proceed to the ballot.