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MATHIEU v. MAHONEY

No. CV-92-0364-AP.

174 Ariz. 456 (1993)

851 P.2d 81

Deborah MATHIEU and Arizona League of Women Voters, Inc., an Arizona nonprofit corporation, Plaintiffs/Appellees, v. Richard MAHONEY, Secretary of State of the State of Arizona, Defendant/Appellant, ARIZONANS FOR COMMON SENSE, Real Party in Interest/Appellant.

Supreme Court of Arizona, En Banc.

February 18, 1993.

Attorney(s) appearing for the Case

Miller, Pitt & McAnally by Grace McIlvain, Tucson, and Law Offices of Stanley Lubin by Stanley Lubin, Phoenix, for plaintiffs/appellees.

Grant Woods, Atty. Gen. by Robert B. Carey, Asst. Atty. Gen., Phoenix, for defendant/appellant Mahoney.

Johnston Maynard Grant & Parker by Daniel D. Maynard, Douglas C. Erickson, Michael D. Curran, Phoenix, for appellant Arizonans for Common Sense.

OPINION

CORCORAN, Justice.

This case comes on direct appeal from an order granting plaintiffs' request for a permanent injunction enjoining the Secretary of State from printing as Proposition 110 the "Preborn Child Protection Amendment" on the November 3, 1992 general election ballot. We have jurisdiction pursuant to Ariz. Const. art. 6, § 5(3), and A.R.S. § 19-122(C).

Because we conclude that plaintiffs' claim is barred by the doctrine of...

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