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EARLY CHILD. DEVEL. & HEALTH BD. v. BREWER

No. CV-09-0078-SA.

212 P.3d 805 (2009)

ARIZONA EARLY CHILDHOOD DEVELOPMENT & HEALTH BOARD, a public body, Petitioner, v. Janice K. BREWER, in her official capacity as Governor; Dean Martin, in his official capacity as State Treasurer; and D. Clark Partridge, in his official capacity as State Comptroller, Respondents.

Supreme Court of Arizona, En Banc.

July 24, 2009.

Attorney(s) appearing for the Case

Perkins Coie Brown & Bain, P.A., By Paul F. Eckstein, Charles A. Blanchard, Rhonda L. Barnes, Steven J. Monde, Phoenix, Attorneys for Arizona Early Childhood Development & Health Board.

Terry Goddard, Arizona Attorney General, By Mary R. O'Grady, Solicitor General, Christopher Munns, Assistant Attorney General, Phoenix, Attorneys for Janice K. Brewer, Dean Martin, and D. Clark Partridge.

Arizona House of Representatives, By Peter A. Gentala, Phoenix, Attorney for Statutory Participant Kirk D. Adams.

Arizona State Senate, By Gregory G. Jernigan, Phoenix, Attorney for Statutory Participant Robert L. Burns.

OPINION

RYAN, Justice.

¶ 1 This special action requires us to decide whether the legislature acted within its authority when it transferred $7 million in income earned on revenue from the Early Childhood Development and Health Fund into the state's general fund. We hold that it did not.

I

A

¶ 2 Our special action jurisdiction is "highly discretionary." League of Ariz. Cities & Towns v. Martin, 219 Ariz. 556...

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