Gilbert resident takes lawsuit disputing bond election results to Arizona Supreme Court

Gavel and law books
Gilbert resident Jim Torgeson is taking his fight against the town of Gilbert's $515 million street, transportation and infrastructure bond to the Arizona Supreme Court. (Courtesy Adobe Stock)

Gilbert resident Jim Torgeson is taking his fight against the town of Gilbert's $515 million street, transportation and infrastructure bond to the Arizona Supreme Court. (Courtesy Adobe Stock)

Having struck out in Maricopa County Superior Court and with the Arizona Court of Appeals, a Gilbert resident will make a final attempt to get the results of Gilbert’s street bond election thrown out.

The attorney for sign maker Jim Torgeson has appealed the decision to the Arizona Supreme Court, though no hearing date has been set.

Timothy La Sota filed Dec. 29 a petition for a review of a special action decision by the Court of Appeals. That court declined to hear Torgeson’s appeal of Judge Jay Adleman’s decision to dismiss Torgeson’s lawsuit against the town of Gilbert.

Torgeson filed suit against the town Nov. 22, arguing the town infringed on his free speech rights by removing at least 57 of his anti-bond signs and thus may have swayed the outcome of the election. He sought for the results to be set aside.

The $515 million street, transportation and infrastructure bond passed in early November by a margin of 164 votes.


Adleman granted the town’s motion to dismiss Dec. 21 on the grounds that Torgeson should have filed the suit before the election and that his complaint did not rise to the “level of an offense against the elective franchise.”


La Sota filed an appeal the next day, arguing Adleman erred on both counts, but the Arizona Court of Appeals Division 1 on Dec. 23 declined to hear it.
By Tom Blodgett

Editor, Gilbert

Raised in Arizona, Tom Blodgett has spent more than 30 years in journalism in Arizona and joined Community Impact Newspaper in July 2018 to launch the Gilbert edition. He is a graduate of Arizona State University, where he served as an instructional professional in the Walter Cronkite School of Journalism and Mass Communication from 2005-19 and remains editorial adviser to The State Press, the university's independent student media outlet.