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Proposition 480 Will Remain On The November Ballot In Flagstaff

Proposition 480 will remain on the November ballot, pending further appeals.  After around an hour-long hearing in a Coconino County courtroom Thursday, Judge Brent Harris ruled in favor of the defendant, Flagstaff Community First Friday afternoon.  Northern Arizona Healthcare claims a referendum against an ordinance that voters signed to get Prop 480 on the ballot is being used to fight the construction of a new medical complex north of Fort Tuthill.  NAH claims the petition states “the site will be used to construct retail and commercial space, with no intention of health care facilities.”  Flagstaff Community First says they took the ordinance word for word as it was passed by the Flagstaff City Council, however doesn’t mention the future hospital project on the petition.  Judge Harris said in his five page brief, “by failing to include every possible example of permitted uses the committee (Flagstaff Community First) did not act in a fraudulent or misleading manner or promote falsehood upon the voting public that may choose to weigh in on the referendum.”  He further orders the Flagstaff city clerk to keep Proposition 480 on the November ballot.  Northern Arizona Healthcare lawyers say they will appeal the decision.  FCF issued a statement saying they were pleased with the judge’s ruling and “NAH should honor the clarity of the court’s ruling.”

 

NAH v. Flagstaff Community First Judgment and Order

NAH v. Flagstaff Community First Findings of Fact Conclusions of Law

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