The Arizona Court of Appeals has affirmed a Yavapai County Superior Court ruling that keeps a referendum challenge to Prescott Valley Ordinance No. 2025-954 off the ballot, marking a major victory for the residents and the local decision-making process.
The case centered on an effort by Citizens for Sensible Development to refer a Prescott Valley zoning ordinance to voters. The ordinance, approved by the Prescott Valley Town Council in May 2025, conditionally rezoned property from residential to industrial use.
After the referendum group gathered signatures, the effort was challenged in court by Bruce Evans. Evans argued the committee failed to follow Arizona law because it did not include a copy of the ordinance when it filed its application for a referendum petition serial number.
Both the Superior Court and the Court of Appeals agreed.
The Court of Appeals found there was enough evidence to support the lower court’s conclusion that the ordinance was not submitted with the application. Under Arizona law, referendum efforts must strictly comply with required filing procedures.
In its decision, the court made clear that the issue was not a minor timing mistake. The court stated that the problem was that the committee “never filed the Ordinance” with its application.
The committee also argued that enforcing the requirement violated its constitutional right to referendum, but the court rejected that claim. The court found that attaching a copy of the ordinance was a simple requirement and did not place an unreasonable burden on the referendum organizers.
For supporters of the zoning decision, the ruling confirms that the referendum process cannot be used without following the law. The decision also means the Prescott Valley Town Council’s approved zoning ordinance will not be placed before voters in this referendum.
The Court of Appeals unanimously affirmed the lower court’s judgment, confirming that the referendum was legally insufficient and could not qualify for the ballot.
For many residents, the message is simple: the people win, and the court has upheld the integrity of the local process.
