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PIMA CTY. v. PIMA CTY. LAW ENFORCEMENT

No. 2 CA-CV 2004-0004.

99 P.3d 19 (2004)

209 Ariz. 204

PIMA COUNTY, a political subdivision of the State of Arizona, and Clarence Dupnik, Pima County Sheriff, Plaintiffs/Appellants, v. PIMA COUNTY LAW ENFORCEMENT MERIT SYSTEM COUNCIL and Georgia Brousseau, Michael Hellon, Herschella Horton, Rosemary Marquez, Paul Julien, and James Watson, in their official capacities, and acting as Pima County Law Enforcement Merit System Council, Defendants/Appellees, and Joseph Harvey, Real Party in Interest.

Court of Appeals of Arizona, Division 2, Department A.

September 30, 2004.

Attorney(s) appearing for the Case

Gabroy, Rollman & Bossé, By John Gabroy, Lyle D. Aldridge, and Richard A. Brown, Tucson, for Plaintiffs/Appellants.

Corey & Kime, By Barry M. Corey and Michelle S. Michelson, Tucson, for Defendants/Appellees.

Piccarreta & Davis, P.C., By Michael L. Piccarreta and Michael Storie, Tucson, for Real Party in Interest.

OPINION

ECKERSTROM, J.

¶ 1 Pima County and the Pima County Sheriff, Clarence Dupnik, appeal from the superior court's denial of relief on their complaint for special action. In that complaint, Dupnik challenged the decision of the Pima County Law Enforcement Merit System Council to reinstate Deputy Sheriff Joseph Harvey, whom Dupnik had terminated, and to award him back pay. The trial court found that the Council had neither employed an unlawful...

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