SEARS v. HULL

No. CV-97-0477-T/AP

961 P.2d 1013 (1998)

192 Ariz. 65

Paula S. SEARS and Alan E. Sears, wife and husband, on their own behalf and on behalf of their minor children Anna Marie Sears, Rebecca L. Sears, Isaiah S. Sears and Isabella C. Sears, Plaintiffs/Appellees, v. Jane Dee HULL, Governor of Arizona; State of Arizona; and Salt River Pima-Maricopa Indian Community, an Indian tribe organized under the Indian Reorganized Act of 1934, Defendants/Appellants.

Supreme Court of Arizona, En Banc.

July 16, 1998.


Attorney(s) appearing for the Case

Bryan Cave LLP by Neil Vincent Wake, Phoenix, for Plaintiffs/Appellees.

Office of the Governor by Lisa K. Daniel, Counsel to the Governor, Phoenix, for Defendant/Appellant Governor Jane Dee Hull.

Grant Woods, Attorney General by Rebecca White Berch, First Assistant Attorney General and Thomas J. Dennis Assistant Attorney General, Phoenix, for Defendant/Appellant State of Arizona.

Shea & Wilks, P.C. by Philip J. Shea and Richard B. Wilks and William W. Quinn and Osborn Maledon, P.A. by Andrew D. Hurwitz and Thomas L. Hudson, Phoenix, for Defendant/Appellant Salt River Pima-Maricopa Indian Community.

Dennis Garcia Tucson and Dorsey & Whitney by Eric Eberhard, Phoenix, for Amicus Curiae Pasqua Yaqui Tribe of Arizona.

Steptoe & Johnson LLP by David J. Bodney and Peter B. Swann, Phoenix and DeConcini McDonald by Luis A. Ochoa, Tucson, for Amicus Curiae Yavapai-Prescott Indian Tribe.

State Capitol-House of Representatives by Donald W. Jansen, Phoenix, for Amicus Curiae Jeff Groscost, Mark Anderson, Russel Bowers, Marilyn Jarrett, Karen Johnson, and Tom Patterson.


OPINION

McGREGOR, Justice.

¶ 1 Plaintiffs brought a special action in superior court to enjoin the Governor from entering any gaming compact that permits slot machine or keno gambling with the Salt River Pima-Maricopa Indian Community. We hold that this action must be dismissed because plaintiffs lack standing.

I.

¶ 2 Because our opinion in Salt River Pima-Maricopa Indian Community v. Hull, 190 Ariz. 97...

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