Cited by
Opinions in Arizona that cite Mathieu v. Mahoney, 851 P.2d 81.
- Center for Az Policy v. Az Secretary of State Ariz. Ct. App. Div. 1 2024
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Center for Az Policy v. Az Secretary of State
Ariz. Ct. App. Div. 1 2024
“We take judicial notice of the records of the Secretary of State.” n.1 (1993).
- Sw Fabrication v. Phoenix Ariz. Ct. App. Div. 1 2019
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Sw Fabrication v. Phoenix
Ariz. Ct. App. Div. 1 2019
See e.g., Korte, 199 Ariz. at 174, ¶ 3; Harris, 193 Ariz. at 412, ¶ 16; ¶ 13 (App. 2013), as amended (Feb.
- Leach v. reagan/clean Energy for a Healthy Arizona 430 P.3d 1241 Ariz. 2018
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Leach v. reagan/clean Energy for a Healthy Arizona
430 P.3d 1241
Ariz. 2018
n.1 (1993) (stating that this Court may take judicial notice of public records filed with the Secretary of State).
- Prutch v. Town of Quartzsite 296 P.3d 94 Ariz. Ct. App. Div. 1 2013
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Prutch v. Town of Quartzsite
296 P.3d 94
Ariz. Ct. App. Div. 1 2013
at 412-13, ¶¶ 15-17 , 973 P.2d at 1169 -70 ( , (“Our concern with timeliness stems in part from the notion that disputes concerning election and petition matters must be initiated and heard in time to prepare the ballots for absentee voting to avoid rendering an action moot.”) (internal quotation marks omitted)).
- McLaughlin v. Bennett 238 P.3d 619 Ariz. 2010
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McLaughlin v. Bennett
238 P.3d 619
Ariz. 2010
McLaughlin filed this action almost sixteen weeks before the printing deadline for the Secretary of State’s publicity pamphlet and, therefore, did not “deprive judges of the ability to fairly and reasonably process and consider the issues.” Mathieu v. Mahoney, 174 Ariz. 4 456, 461, see Korte, 199 Ariz. at 174-75 ¶ 3, 16 P.3d at 201-02 (rejecting laches defense when proposition challenge was filed almost eight weeks before the deadline for mailing the publicity pamp
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McLaughlin v. Bennett
238 P.3d 619
Ariz. 2010
McLaughlin filed this action almost sixteen weeks before the printing deadline for the Secretary of State’s publicity pamphlet and, therefore, did not “deprive judges of the ability to fairly and reasonably process and consider the issues.” see Korte, 199 Ariz. at 174 -75 ¶ 3, 16 P.3d at 201-02 (rejecting laches defense when proposition challenge was filed almost eight weeks before the deadline for mailing the publicity pamphlet, “allowing] sufficient time to render a decision”).
- McClung v. Bennett 235 P.3d 1037 Ariz. 2010
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McClung v. Bennett
235 P.3d 1037
Ariz. 2010
§ 1973ff-1 (2003), and required the Court to decide this matter on an unnecessarily accelerated basis, see Lubin, 213 Ariz. at 497-98 ¶¶ 9-11, 144 P.3d at 511-12 ( 460, 85 (1993) (citation omitted), for proposition that delay may cause courts to “steamroll through .
- League of Ariz. Cities and Towns v. Martin 201 P.3d 517 Ariz. 2009
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League of Ariz. Cities and Towns v. Martin
201 P.3d 517
Ariz. 2009
See, e.g., Sotomayor, 199 Ariz. at 83, ¶7 , 13 P.3d at 1200 (holding unreasonable petitioners’ failure to file a special action until the day before the voter information pamphlet printing deadline); , (finding unreasonable filing the complaint days before the absentee ballot printing deadline).
- Mayer Unified School and Gadsen Elementary School v. Winkleman, Az State Land Dept... Ariz. Ct. App. Div. 2 2008
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Mayer Unified School and Gadsen Elementary School v. Winkleman, Az State Land Dept...
Ariz. Ct. App. Div. 2 2008
81, ¶ 9, (two-month delay barred claims because litigants in election cases must pursue such cases with all deliberate speed to preserve quality of judicial decision making); ¶¶ 17-18, -70 (1998) (finding unreasonable six-week delay even though claim filed within statutory limitations period); P.2d 81 (1993) (finding laches applied where plaintiff delayed more than one year after petitions circulated and claims litigated twenty-four hours after complaint filed, thereby prejudicing defendants).
- Lubin v. Thomas 144 P.3d 510 Ariz. 2006
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Lubin v. Thomas
144 P.3d 510
Ariz. 2006
¶ 15, Mathieu v. Mahoney, 174 Ariz. 456, 458-59, -84 (1993)
- Rawles v. kavanaugh/jones/brock/stapley Ariz. 2004
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Rawles v. kavanaugh/jones/brock/stapley
Ariz. 2004
See, (noting that the “concern with timeliness stems in part from the notion that ‘disputes concerning election and petition matters must be initiated and heard in time to prepare the ballots for absentee voting to avoid rendering an action moot’”) (quoting Kromko v. Superior Court, 168 Ar
- Korte v. Bayless 16 P.3d 200 Ariz. 2001
- Korte v. Bayless 16 P.3d 200 Ariz. 2001
- Sotomayor v. Burns 13 P.3d 1198 Ariz. 2000
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Sotomayor v. Burns
13 P.3d 1198
Ariz. 2000
456, 458-59, -84 (1993).
- Cyprus Bagdad Copper Corp. v. Arizona Department of Revenue 992 P.2d 5 Ariz. Ct. App. Div. 1 1999
- Cyprus Bagdad Copper Corp. v. Arizona Department of Revenue 992 P.2d 5 Ariz. Ct. App. Div. 1 1999
- Grosvenor Holdings L.C. v. City of Peoria 985 P.2d 622 Ariz. Ct. App. Div. 1 1999
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Grosvenor Holdings L.C. v. City of Peoria
985 P.2d 622
Ariz. Ct. App. Div. 1 1999
The doctrine of laches has recently been applied in one election case, , and rejected in another
- Harris v. Purcell 973 P.2d 1166 Ariz. 1998
- Harris v. Purcell 973 P.2d 1166 Ariz. 1998
- McDowell Mountain Ranch Land Coalition v. Vizcaino 945 P.2d 312 Ariz. 1997
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McDowell Mountain Ranch Land Coalition v. Vizcaino
945 P.2d 312
Ariz. 1997
Moreover, “[c]ourts should not be forced to make hasty legal decisions in such important areas simply because the parties bringing such cases had difficulty, as here, in finding lawyers.”
- McComb v. Superior Court 943 P.2d 878 Ariz. Ct. App. Div. 1 1997
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McComb v. Superior Court
943 P.2d 878
Ariz. Ct. App. Div. 1 1997
“The delay must be unreasonable under the circumstances, including the party’s knowledge of his or her right, and it must be shown that any change in the circumstances caused by the delay has resulted in prejudice to the other party sufficient to justify denial of relief.” , (holding challenge to initiative barred by laches because plaintiffs waited one year to take any action).
- State Ex Rel. Department of Economic Security v. Dodd 888 P.2d 1370 Ariz. Ct. App. Div. 1 1994
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State Ex Rel. Department of Economic Security v. Dodd
888 P.2d 1370
Ariz. Ct. App. Div. 1 1994
(claim involving initiative measure’s alleged violation of single subject provision); , (claim involving disposition of military pension benefits in a reopened dissolution decree)