NORRIEGA v. MACHADO

No. 1 CA-CV 92-0350.

179 Ariz. 348 (1994)

878 P.2d 1386

Ethel A. Olivarria de NORRIEGA, and Mary C. Payan, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. Jose Luis MACHADO, Santa Cruz County Attorney; Alfonso Bracamonte, Sheriff of Santa Cruz County; and Dennis A. Garrett, Chief, Phoenix Police Department; in their official capacities, and Frederick J. Ayars, Director, Arizona Department of Public Safety, Defendants-Appellees.

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

August 9, 1994.


Attorney(s) appearing for the Case

Southern Arizona Legal Aid, Inc. by William E. Morris and Salese & McCarthy, P.C. by Armand Salese, Tucson, for appellants.

Jones, Skelton & Hochuli by William R. Jones, Jr. and David C. Lewis, Phoenix, for appellees Garrett, Machado, Bracamonte.

Grant Woods, Atty. Gen. by Richard L. Rice, Asst. Atty. Gen., Phoenix, for appellee Frederick J. Ayars.

Grant Woods, Atty. Gen. by Cameron H. Holmes, Asst. Atty. Gen., Phoenix, for amicus curiae Atty. Gen.


OPINION

GERBER, Judge.

In this appeal, we consider whether appellants are barred by the doctrine of res judicata from maintaining an action challenging the constitutionality of Arizona's forfeiture statutes. Because neither appellant was a party in the prior forfeiture proceedings, we hold that res judicata does not bar their action.

FACTS AND PROCEDURAL HISTORY

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