The appeal from August fourth’s ruling that keeps Proposition 480 on the November ballot in Flagstaff, will be heard in a Phoenix courtroom Thursday. About two weeks ago, Coconino County Superior Court Judge Brent Harris ruled in favor of Flagstaff Community First, after Northern Arizona Healthcare claimed 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 claimed 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 it didn’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 ordered the Flagstaff city clerk to keep Proposition 480 on the November ballot. Oral arguments will be heard by the Arizona Court of Appeals at 10:30 a.m. Thursday.
To watch the hearing live online, click here: