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HUNTER CONTRACT. CO. v. SUPERIOR COURT

No. 1 CA-SA 96-0222.

947 P.2d 892 (1997)

190 Ariz. 318

HUNTER CONTRACTING CO., INC., an Arizona corporation, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, the Honorable Mark F. Aceto, a judge thereof, Respondent Judge, Joseph J. GRANDINETTI, Real Party in Interest.

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

Review Denied December 16, 1997.

Attorney(s) appearing for the Case

Doyle, Winthrop, Oberbillig & West, P.C. by William H. Doyle and Bryan VanMeveren, Phoenix, for Petitioner.

Stinson & Sever, P.A. by William G. Stinson and Dennis A. Sever, Phoenix, for Real Party in Interest.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.A. by Eric A. Mark, Phoenix, for Woudenberg Enterprises.

Folk & Associates, P.C. by P. Douglas Folk and Denise H. Troy, Phoenix, for Contractor and Design Professional Amici Curiae.

OPINION

FIDEL, Judge.

In this special action, we consider the constitutionality of Arizona Revised Statutes Annotated ("A.R.S.") § 12-2602 (Supp.1996), which requires a party asserting a claim against a registered professional or contractor to submit an expert affidavit with the claim. We hold that the statute violates the Equal Protection Clause of the Arizona Constitution.

I. BACKGROUND

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