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AFSCME, AFL-CIO, COUNCIL 97 v. LEWIS

No. 1 CA-CV 88-298.

165 Ariz. 149 (1990)

797 P.2d 6

AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO, COUNCIL 97, William Norris and James G. Schmitz, Plaintiffs-Appellees, Cross Appellants, v. Sam LEWIS, in his capacity as Director of the Department of Corrections, State of Arizona, Defendant-Appellant, Cross Appellee.

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

August 21, 1990.

Attorney(s) appearing for the Case

Ward, Keenan & Barrett by Michael J. Keenan, Phoenix and Kirschner, Weinberg & Dempsey by Richard Kirschner, Craig Becker, Washington, D.C., for plaintiffs-appellees, cross appellants.

Robert K. Corbin, Atty. Gen. by David Rich, Asst. Atty. Gen., Phoenix, for defendant-appellant, cross appellee.

OPINION

EUBANK, Judge.

The state appeals from a judgment on the pleadings in favor of the appellees holding that A.R.S. § 41-1609.01, which requires legislative council approval prior to any privatization of state prisons, is unconstitutional as "violative of the `Distribution of Powers' art. III of the Arizona Constitution." Appellees cross appeal from the trial court's ruling that A.R.S. § 41-1609.01 does not constitute an unconstitutional delegation...

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