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AYALA v. HILL

No. 1 CA-CIV 5923.

136 Ariz. 88 (1983)

664 P.2d 238

Robert AYALA, Plaintiff-Appellant, v. Jerry I. HILL, individually and in his official capacity as Maricopa County Sheriff; Maricopa County Law Enforcement Officers Merit System Commission and the members thereof, Daniel J. Donahoe, Ben R. Cornish, Robert Nairn, Patricia Fulks and Elva Olliver, individually and in their official capacities, Defendants-Appellees.

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

May 24, 1983.

Attorney(s) appearing for the Case

Napier & Jones, P.C. by Robert F. Clarke, Phoenix, for plaintiff-appellant.

Stephen D. Neely, Pima County Atty. by Mark R. Christensen and James M. Howard, Deputy Pima County Attys., Tucson, for Commission and Members.

Thomas E. Collins, Maricopa County Atty. by Phillip Messinger, Deputy Maricopa County Atty., Phoenix, for Jerry I. Hill.

OPINION

EUBANK, Judge.

This is an appeal from a denial of special action relief by the Maricopa County Superior Court, pursuant to rule 8, Rules of Procedure for Special Actions, 17A A.R.S. The sole issue on appeal is whether the Maricopa County Law Enforcement Officers Merit System Commission [hereafter the Commission or Council] may rehear and redecide a disciplinary action previously ruled upon by the Commission, absent statutory authority or an express...

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