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LEAGUE OF ARIZ. CITIES AND TOWNS v. MARTIN

No. CV-08-0379-SA.

201 P.3d 517 (2009)

LEAGUE OF ARIZONA CITIES AND TOWNS, Petitioner, v. Dean MARTIN, Arizona State Treasurer, in his official capacity and Janet Napolitano, Governor of the State of Arizona, Respondents.

Supreme Court of Arizona, En Banc.

February 3, 2009.

Attorney(s) appearing for the Case

Perkins, Coie, Brown, & Bain, P.A. by Paul F. Eckstein, Charles A. Blanchard, Steven J. Monde, Aaron S. Welling, Phoenix, Attorneys for League of Arizona Cities and Towns.

Terry Goddard, Arizona Attorney General by Mary R. O'Grady, Solicitor General, Christopher Munns, Assistant Attorney General, Phoenix, Attorneys for Dean Martin, State Treasurer.

Lewis and Roca, L.L.P. by Robert G. Schaffer, Kimberly A. Demarchi, Emily S. Cates, Stefan M. Palys, Sarah E. Selzer, Phoenix, Attorneys for Janet A. Napolitano, Governor.

BERCH, Vice Chief Justice.

¶ 1 We have been asked to decide whether a statutory measure requiring Arizona's incorporated cities and towns to deposit money into the state general fund is an appropriation that may be included in the general appropriations bill. See Ariz. Const. art. 4, pt. 2, § 20. We hold that it is not such an appropriation.

I. FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 On June 26, 2008, the Arizona Legislature passed...

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