No. 1 CA-CIV 4828.

125 Ariz. 215 (1980)

608 P.2d 792

LITCHFIELD ELEMENTARY SCHOOL DISTRICT NO. 79 OF MARICOPA COUNTY By and Through its Trustees, Barbara Robey, Barbara Brainard, David Hadley, Jr., Paul Mahoney, Mary Inez McCullough; The Litchfield Classroom Teachers Association, an affiliate of the Arizona Education Association; Donald Charles Becker, Eugene Betha, Marcina Betha and Robert Treche, as representatives a plaintiff class of property owners; Billie Allison, Martin Epps, Tucker Family Investment Company, a general partner, Lloyd Tucker, and Raymond Nicholas Panzo, a representative of a plaintiff class of taxpayers; Karen Helen Becker, Kathleen Frances Panzo, Carolyn Ullman and Chester Ullman, as representatives of a plaintiff class of parents who have currently or will have minor children attending public schools in the Litchfield Park School District; The City of Goodyear, a municipal corporation; and Citizens For Responsive Government, Inc., a non profit Arizona Corporation, Plaintiffs-Petitioners-Appellants, v. The Honorable Bruce E. BABBITT, in his capacity as Governor of the State of Arizona and as a member of the "Selection Board"; Andrew L. Bettwy, in his capacity as State Land Commissioner and as a member of the "Selection Board"; John A. LaSota, Jr., in his capacity as Attorney General, State of Arizona and as a member of the "Selection Board"; Ray Shaffer; Richard Searles; William Woestendiek; Reverend Culver Nelson; The Honorable Alice Truman; Ellis MacDougall; John McFarland; William Reilly; and John Little, Individually and as members of the "Prison Site Selection Committee", Defendants-Respondents-Appellees.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied March 11, 1980.

Review Denied March 12, 1980.

Attorney(s) appearing for the Case

Shimmel, Hill, Bishop & Gruender, P.C., by Daniel F. Gruender and Michael Riikola, Phoenix, for plaintiffs-petitioners-appellants.

Robert K. Corbin, Ariz. Atty. Gen., by Russell A. Kolsrud, Asst. Atty. Gen., Phoenix, for defendants-respondents-appellees.


OGG, Chief Judge, Division 1.

This litigation concerns the validity of the selection of the Waddell Ranch property near the Town of Litchfield Park as the site of a new 1,000 bed medium security prison for males and a smaller facility for female prisoners. The critical issue presented is whether the legislature validly delegated to the governor the authority to determine the location of the new prison facilities.

For some time prior to the...

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