MARICOPA COUNTY HEALTH DEPT. v. HARMON

No. 1 CA-CIV 9050.

156 Ariz. 161 (1987)

750 P.2d 1364

MARICOPA COUNTY HEALTH DEPARTMENT, Maricopa County Division of Public Health and Michael A. Nolin, Acting Director of Public Health, and Janine Roumain, M.D., MPH, Acting Public Health Officer, Petitioners-Appellees, v. Richard HARMON and Jane Doe Harmon, parents of Jade Harmon, their child, a minor; John Doe Barney and Jane Doe Barney, parents of David Barney, Melissa Barney and Jennifer Barney, their children, all minors; Leo C. Rogers and Jane Doe Rogers, parents of Ryan Rogers, their child, a minor; Jay Clint Coleman and Jane Doe Coleman, parents of Katie Coleman, Matthew Coleman and Daniel Coleman, their children, all minors; John Doe Leonard and Jane Doe Leonard, parents of Cammie Leonard, their child, a minor; and Roger Johnston and Jane Doe Johnston, parents of Jeremy Johnston, Suzette Johnston and Ryan Johnston, their children, all minors, Respondents-Appellants.

Court of Appeals of Arizona, Division 1, Department A.

Reconsideration Denied December 2, 1987.

Review Denied March 22, 1988.


Attorney(s) appearing for the Case

Thomas E. Collins, Maricopa Co. Atty. by Gordon J. Goodnow, Jr., Deputy Co. Atty., Phoenix, for petitioners-appellees.

MacPherson & McCarville by Donald W. MacPherson, Lawrence N. Bazrod, Phoenix, for respondents-appellants.


OPINION

GRANT, Judge.

Appellants represent a group of children who attended Franklin Elementary School during the 1985-86 school year and their parents. In this appeal they challenge a formal order denying their Rule 59, Rules of Civil Procedure, motion for reconsideration of an earlier order granting the request of the appellee Maricopa County Health Department for an injunction excluding the appellant children from school until March 18, 1986 unless they...

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