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KORTE v. BAYLESS

No. CV-00-0308-AP/EL.

16 P.3d 200 (2001)

199 Ariz. 173

Virginia KORTE; Carla, Plaintiffs/Appellees. v. Betsey BAYLESS, Secretary of State for the State of Arizona, Defendant, Preserve Arizona—Yes on Proposition 100 Committee, Ruth Hamilton, Chairwoman, Defendant/Appellant.

Supreme Court of Arizona, En Banc.

January 10, 2001.

Attorney(s) appearing for the Case

Coppersmith, Gordon, Schermer, Owens & Nelson, P.L.C. by Andrew S. Gordon, Phoenix, Attorneys for Korte and Carla.

Janet Napolitano, The Attorney General by Thomas I. McClory, Assistant Attorney General and Mark Wilson, Assistant Attorney General, Phoenix, Attorneys for Betsy Bayless, Secretary of State.

Snell & Wilmer, L.L.P. by Timothy J. Casey, Gammage & Burnham, P.L.C by Grady Gammage and Cameron C. Artigue, Phoenix, Attorneys for Preserve Arizona—Yes on Proposition 100 Committee, Ruth Hamilton, Chairwoman.

Janet Napolitano, The Attorney General by Scott Bales, Solicitor General, Phoenix, Amicus Curiae.

Gallagher & Kennedy, P.A. by John E. Lundin, by Jeffrey D. Gross and John D. DiTullio, Phoenix, Attorneys for Amicus Curiae Jeff Groscost, Brenda Burns, Jack Brown, and Robert McLendon.

Jack Psfister, Tempe, Pro per Amicus Curiae.

OPINION.

McGREGOR, Justice.

¶ 1 The question before us is whether Proposition 100, a ballot measure referred by the legislature to the people, encompasses more than a single subject and therefore violates Article XXI of the Arizona Constitution. Proposition 100 would alter existing constitutional mandates that govern the use and management of state trust lands. Although both proponents and opponents of placing Proposition 100 on the ballot make cogent...

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