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R.L. AUGUSTINE CONST. v. PEORIA U.S.D.

No. CV-95-0299-PR.

188 Ariz. 368 (1997)

936 P.2d 554

R.L. AUGUSTINE CONSTRUCTION COMPANY, INC., Plaintiff-Appellant. v. PEORIA UNIFIED SCHOOL DISTRICT NO. 11, a political subdivision of the State of Arizona and its Governing Board, Defendant-Appellee.

Supreme Court of Arizona, En Banc.

As Modified May 21, 1997.

Attorney(s) appearing for the Case

Jennings & Haug by Robert O. Dyer, Lori A. Metcalf, Stacey A. Dowdell, Phoenix, for R.L. Augustine Construction Company, Inc.

Jennings Strouss & Salmon by Ernest Calderon, Robert D. Haws, Phoenix, for Peoria Unified School District No. 11.

Johnston Maynard Grant & Parker by Logan T. Johnston, Catherine M. Dodd, Anne C. Longo, Phoenix, for Amicus Curiae Arizona Health Care Cost Containment System.

Grant Woods, Attorney General by Paula S. Bickett, Assistant Attorney General, Phoenix, for Amicus Curiae State of Arizona.

Shelley & Bethea by J. LaMar Shelley, Mesa, for Amicus Curiae League of Arizona Cities and Towns.

Thomas W. Pickrell, Phoenix, for Amicus Curiae Arizona School Boards Association, Inc.

Lewis and Roca by John P. Frank, David J. Cantelme, Phoenix, for Amici Curiae Arizona General Contractors Association (Building Chapter), Associated Builders and Contractors, Inc., and Arizona Contractors Association.

OPINION

MARTONE, Justice.

We granted review to consider whether the dispute resolution provisions of the rules adopted by the State Board of Education prescribing school district procurement practices violate due process. We find that we need not reach that issue because the rules fail to comply with the enabling legislation.

I. Introduction

The Governing Board of the Peoria Unified School District No. 11, as owner, entered into an American...

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