FUND MANAGER v. CORBIN

No. CV-88-0418-PR.

161 Ariz. 364 (1989)

778 P.2d 1260

THE FUND MANAGER, Public Safety Personnel Retirement System, Plaintiff/Appellee, v. Robert K. CORBIN, Attorney General of the State of Arizona, Defendant/Appellant. The STATE of Arizona, Plaintiff/Appellant, v. EATON, LAZARUS, DODGE & LOWRY, LTD., a professional corporation, Defendant/Appellee.

Supreme Court of Arizona, En Banc.

Reconsideration Denied July 7, 1989.


Attorney(s) appearing for the Case

Eaton, Lazarus & Dodge, Ltd. by David D. Dodge, Marc R. Lieberman and Susan G. Sendrow, Phoenix, for plaintiff/appellee, defendant/appellee.

Robert K. Corbin, Atty. Gen. by Anthony B. Ching, Sol. Gen., Phoenix, for defendant/appellant, plaintiff/appellant.

Arizona Center for Law in the Public Interest by David S. Baron, Tucson, for amicus curiae.


OPINION

LIVERMORE, Judge.

Because the retroactivity of the statute in question, on the facts of this case, served only to validate a payment for services already rendered, the moral obligation of the State to pay for those services would justify either a legislative bill authorizing such payment or, as here, a bill excusing repayment. See Udall v. State Loan Board, 35 Ariz. 1, 273 P. 721 (1929). Furthermore...

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