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Holding Payson Accountable for Bypassing Democratic Accountability

Rose v. Town of Payson et al.

Case Status

Date Filed

September 10, 2024

Last Step

Filed complaint and motion for preliminary injunction.

Next Step

Prepare for possible hearing on motion for preliminary injunction.

Case Overview

The Town of Payson just authorized the sale of $70 million in municipal bonds as an “emergency” measure, denying residents the opportunity to exercise their constitutional right to organize a referendum and vote on the measure. That’s illegal, and the Goldwater Institute is seeking immediate relief in the form of a temporary restraining order and preliminary injunction before the bond sale closes and it’s too late.

The Arizona Constitution and statute guarantee the popular right of referendum: that is, voters’ rights to refer a bill, ordinance, or resolution to the ballot and vote on it. While there is a narrow exception to the right of referendum for true emergencies—situations where immediate government action is necessary to preserve peace, health, or safety—no such emergency exists here, and the Town cannot bypass democratic accountability and impose $70 million of debt on Payson taxpayers without giving them a say.

Case Logistics

The Goldwater Institute is representing Ms. Rose in a lawsuit against the Town of Payson and several public officials responsible for Resolution 3409, who have been named in the lawsuit in their official capacities only.

The case is Rose v. Town of Payson et al. The complaint was filed September 10, 2024, in Gila County Superior Court, seeking injunctive and declaratory relief against the unlawful bond measure. It also requests that the court enter a temporary restraining order against the Town and schedule a hearing as soon as possible in light of the Town’s plan to close on the bonds by the end of September 2024.

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