Monday, August 8, 2022

UPDATE: Opponent Claims Scottsdale Resident Kevin Robinson Ineligible For Phoenix City Council; Expedited Appeal Filed With AZ Supreme Court

Phoenix City Council candidate Moses Sanchez is asking the Arizona Supreme Court to decide whether opponent Kevin Robinson resides in the district or in neighboring Scottsdale. The Court will rule next week.

The appeal was filed Friday afternoon, after Superior Court Judge Scott McCoy ruled on Wednesday that the evidence shows that Robinson had moved to Ahwatukee last year, even while the rest of the family had not. Phoenix City Code gives some guidance on the residency requirement, and McCoy came down on Robinson's side even while noting some skepticism because the thermostat was typically "set at relatively high temperatures".

The relevant Code section: "If a person’s family resides in one place and the person does business in another, the former is the person’s place of residence. However, a person whose family resides in one place, but who has moved to another place with the intention of remaining there, shall be regarded as a resident of the place to where the person has moved."

The Supreme Court has asked for briefing to be completed by next Wednesday, and - as is customary in these expedited election appeals - they are not setting oral argument.

Sanchez is represented by Jack Wilenchik and Robinson by Dan Arellano.

Here is Judge McCoy's ruling:

This article was reported by AZ Law founder Paul Weich. Paul is currently running for a seat in Arizona's House of Representatives.

"AZ Law" includes articles, commentaries and updates about opinions from the Arizona Supreme Court, U.S. Supreme Court, as well as trial and appellate courts, etc. AZ Law is founded by Phoenix attorney Paul Weich, and joins Arizona's Politics on the internet. 

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