MARICOPA COUNTY v. STATE

No. 1 CA-TX 94-0012.

187 Ariz. 275 (1996)

928 P.2d 699

MARICOPA COUNTY, a body politic, Plaintiff-Appellee, v. STATE of Arizona and Arizona Department of Revenue, Defendants-Appellants, and D'Wayne Sherwood and Marla Sherwood, husband and wife; D'Wayne Sherwood, as Trustee of the D'Wayne Sherwood Defined Benefit Plan; Robkeal Limited Partnership, an Arizona limited partnership; United Title Agency, Inc., an Arizona corporation, as successor in interest to USLIFE Title Co., as Trustee of USLIFE Title Co. Trust No. 1131 dated August 10, 1983; The Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints, a Utah corporation sole; and Bentree Corp., a Delaware corporation, Intervenor Defendants-Appellants.

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

Review Denied December 17, 1996.


Attorney(s) appearing for the Case

Helm & Kyle, Ltd. by John D. Helm, Roberta S. Livesay, Phoenix, for Plaintiff-Appellee.

Grant Woods, Attorney General by Gale Garriott, Michael F. Kempner, Assistant Attorneys General, and Beus, Gilbert & Morrill, P.L.L.C. by K. Layne Morrill, Dalon J. Morgan, Phoenix, for Defendants-Appellants.


OPINION

SULT, Judge.

The Arizona Department of Revenue and a number of taxpayers who intervened as parties defendant1 appeal from a tax court judgment declaring that 1993 Arizona Session Laws chapter 100, section 2 ("HB 2007") contravened article 9, section 7 of the Arizona Constitution ("the Gift Clause"). Appellants present these issues on appeal:

1. Whether appellee...

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