TRANSPORTATION INFRASTRUCTURE MOVING ARIZONA'S ECONOMY v. BREWER

No. CV-08-0275-AP/EL.

196 P.3d 229 (2008)

TRANSPORTATION INFRASTRUCTURE MOVING ARIZONA'S ECONOMY, a political committee registered with the Arizona Secretary of State; Thomas Ziemba, an individual, Plaintiffs/Appellants, v. Janice K. BREWER, in her official capacity as Secretary of State; and Helen Purcell, in her official capacity as Maricopa County Recorder, Defendants/Appellees.

Supreme Court of Arizona, En Banc.

November 18, 2008.


Attorney(s) appearing for the Case

Perkins Coie Brown & Bain P.A. By Paul F. Eckstein, Charles A. Blanchard, Rhonda L. Barnes, M. Bridget Minder, Craig A. Morgan, James E. Barton, II, Phoenix, Attorneys for Transportation Infrastructure Moving Arizona's Economy and Thomas Ziemba.

Terry Goddard, Arizona Attorney General By Mary R. O'Grady, Solicitor General, Barbara A. Bailey, Assistant Attorney General, Tanja K. Shipman, Assistant Attorney General, Phoenix, Attorneys for Janice K. Brewer, Arizona Secretary of State.

Coppersmith Gordon Schermer & Brockelman PLC By Andrew S. Gordon, Phoenix, Attorneys for Amici Curiae Professional Firefighters of Arizona, Kimberly A. Demarchi, Andrew S. Gordon, Thomas K. Irvine, and J. Grant Woods.


OPINION

HURWITZ, Justice.

¶ 1 The issue before us is whether the superior court erred in dismissing claims by appellants Transportation Infrastructure Moving Arizona's Economy and Thomas Ziemba (hereafter collectively referred to as "TIME") that the Secretary of State violated A.R.S. § 19-121.01 (2002) in her review of an initiative petition concerning the Arizona transportation system.

I.

A.

¶ 2 Our constitution...

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