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McCOMB v. SUPERIOR COURT

No. 1 CA-SA 97-0139.

943 P.2d 878 (1997)

189 Ariz. 518

Richard McCOMB, Mary Johnson, Rachel Villanueva, Dysart Unified School District No. 89, State of Arizona and Sandra Dowling, in her capacity as Superintendent of Schools for Maricopa County, Arizona, Petitioners, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA and the Honorable B. Michael Dann, a Judge of thereof, Respondents, and Rose L. PARKER, Robert F. Koch and Betty Gilomen, Respondents-Real Parties in Interest.

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

As Amended July 25, 1997.

Reconsideration Denied August 22, 1997.

Review Denied September 16, 1997.

Attorney(s) appearing for the Case

Quarles & Brady by Charles W. Herf and Jose L. Martinez, Phoenix, for Petitioners.

Miller LaSota, P.L.C. by Donald M. Peters, Phoenix, for Respondents-Real Parties in Interest.

Jennings, Strouss & Salmon, P.L.C. by Gary L. Lassen and John L. Egbert, Phoenix, for Amicus Curiae Phoenix Union High School District.

OPINION

LANKFORD, Judge.

The Court accepted jurisdiction in this special action by order on June 10, 1997, with a decision to follow. This is that decision.

The superior court invalidated Arizona Revised Statutes Annotated ("A.R.S.") section 15-431 in its entirety, removed the newly seated members of the board of the Dysart Unified School District ("the district"), and continued the prior incumbents' terms pending a November 1997 special election...

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