BABBITT v. ASTA

No. 2 CA-CIV 1983.

25 Ariz. App. 547 (1976)

545 P.2d 58

Bruce E. BABBITT, the Attorney General of the State of Arizona, Appellant, v. Ron ASTA, a duly elected Supervisor of Pima County, Arizona, Dee T. O'Neill, a duly appointed commissioner of the Planning and Zoning Commission of Pima County, Arizona, Roy M. Emrick, Patricia H. Waterfall, and Priscilla G. Robinson, residents of Pima County District I, Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied February 24, 1976.

Review Denied March 9, 1976.


Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen., Phoenix, by John S. O'Dowd, Asst. Atty. Gen., Tucson, for appellant.

Risner, Wolf & Raven by Peter B. Keller, Tucson, for appellees.


OPINION

KRUCKER, Judge.

This was an action for declaratory relief under A.R.S. § 12-1831 et seq. On cross motions for summary judgment the trial court held that a portion of A.R.S. § 11-803(B) (Supp. 1975) violated the Equal Protection Clause of the Fourteenth Amendment and Art. 2, § 13 of the Arizona Constitution. The Attorney General has timely perfected this appeal from the judgment. For the reasons set forth in this opinion, we reverse...

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