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CAVE CREEK UNIFIED SCHOOL DIST. v. DUCEY

No. CV-13-0039-PR.

308 P.3d 1152 (2013)

CAVE CREEK UNIFIED SCHOOL DISTRICT; Casa Grande Elementary School District; Crane Elementary School District; Palominas Elementary School District; Yuma Union High School District; Arizona Education Association; Arizona School Boards Association; Scott Holcomb; Frank Hunter; and Nancy Putman, Plaintiffs/Appellants, v. Doug DUCEY, in his Capacity as State Treasurer; and State of Arizona, Defendants/Appellees.

Supreme Court of Arizona.

September 26, 2013.

Attorney(s) appearing for the Case

Timothy M. Hogan, Arizona Center for Law in the Public Interest, Phoenix and Donald M. Peters (argued), LaSota & Peters, Phoenix, for Cave Creek Unified School District, Casa Grande Elementary School District, Crane Elementary School District, Palominas Elementary School District, Yuma Union High School District, Arizona Education Association, Arizona School Boards Association, Scott Holcomb, Frank Hunter, and Nancy Putman.

Thomas C. Horne, Arizona Attorney General, Kathleen P. Sweeney (argued), Assistant Attorney General, Kevin D. Ray, Assistant Attorney General, Jinju Park, Assistant Attorney General, Phoenix, for Doug Ducey and the State of Arizona.

Peter A. Gentala, Pele K. Peacock, Arizona House of Representatives, Phoenix; and Gregrey G. Jernigan, Arizona State Senate, Phoenix, for Amicus Curiae Andrew Tobin and Andy Biggs.

Michael T. Liburdi and Michelle M. Carr, Snell & Wilmer, LLP, Phoenix, for Amicus Curiae Arizona Free Enterprise Club.

Justice PELANDER, opinion of the Court.

¶ 1 Arizona voters approved a referendum in 2000 that statutorily directed the Arizona Legislature to annually "increase the base level ... of the revenue control limit" for K-12 public school funding. A.R.S. § 15-901.01. The issue here is whether the voters could constitutionally impose this mandate. Finding no constitutional impediment to the electorate's directive, we further hold that legislative adjustments to...

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