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TAXPAYER PROTECTION v. UNFAIR TAX SCHEMES

No. CV-00-0300-AP/EL.

16 P.3d 207 (2001)

199 Ariz. 180

TAXPAYER PROTECTION ALLIANCE, an unincorporated association; Richard Mahoney, Chairman; Jeffrey Singer, Treasurer; and Lori Klein, Appellants, v. ARIZONANS AGAINST UNFAIR TAX SCHEMES, an unincorporated association; Billy E. Shields; Kevin McCarthy; and Jacque Steiner, Plaintiffs/Appellees, v. Betsey Bayless, Secretary of State of Arizona, Defendant/Appellee.

Supreme Court of Arizona, En Banc.

January 10, 2001.

Attorney(s) appearing for the Case

Norton Frickey, P.C. by Robert B. Carey, Phoenix, Attorneys for Taxpayer Protection Alliance, Richard Mahoney, Chairman; Jeffery Singer, Treasurer; and Lori Klein.

Lewis and Roca LLP by John P. Frank and Richard A. Halloran and Randal T. Evans, Phoenix, Attorneys for Arizonans Against Unfair Tax Schemes, Billy E. Shields, Kevin McCarthy, and Jacque Steiner.

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

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

OPINION

McGREGOR, Justice.

¶ 1 Appellants bring this appeal from the superior court's order removing Proposition 107, a citizen-proposed initiative, from the ballot because the proposition failed to conform to the single-subject requirement of Article XXI of the Arizona Constitution. Exercising jurisdiction pursuant to Arizona Revised Statutes (A.R.S.) section 19-122.C, we affirmed the superior court's decision by Order of August 31, 2000, with this...

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