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WALLACE v. SHIELDS

No. 1 CA-CV 90-478.

175 Ariz. 166 (1992)

854 P.2d 1152

H.B. WALLACE and Jocelyn Wallace, Plaintiffs-Appellants, v. Dr. Ivan SHIELDS, Director of the Arizona Commission of Agriculture and Horticulture, Defendant-Appellee.

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

Reconsideration Denied April 21, 1993.

Review Denied July 7, 1993.

Attorney(s) appearing for the Case

Law Offices of Richard E. Clark by Richard E. Clark, Scottsdale, Kern and Wooley by D.L. Greer, Mesa, and Kleinman, Carroll, Lesselyong and Novak by Cheryl L. Sivic, Phoenix, for plaintiffs-appellants.

Grant Woods, Atty. Gen. by Shirley S. Simpson, Michael J. Phalen, Asst. Attys. Gen., Phoenix, for defendant-appellee.

OPINION

GRANT, Judge.

This unique case involves a cactus custody dispute as well as the constitutionality of Ariz. Rev. Stat. Ann. ("A.R.S.") section 3-931(C) of the Arizona Native Plants Act.

H.B. Wallace and Jocelyn Wallace ("the Wallaces") appeal from a judgment that dissolved a temporary restraining order and dismissed their complaint to enjoin the Arizona Agriculture and Horticulture Commission ("Commission") from removing eight crested...

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