DEFENDERS OF WILDLIFE v. HULL

No. 1 CA-CV 99-0624.

18 P.3d 722 (2001)

199 Ariz. 411

DEFENDERS OF WILDLIFE, a nonprofit corporation; James A. Slingluff; Timothy J. Flood; and Joanne Finch, Plaintiffs-Appellants, and State of Arizona, Defendant-Appellant, v. Governor Jane Dee HULL, Defendant-Appellee, Phelps Dodge Corporation; Salt River Valley Water Users Association; Salt River Project Agricultural Improvement and Power District, Intervenors-Appellees.

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

February 13, 2001.


Attorney(s) appearing for the Case

Arizona Center For Law In The Public Interest, by Timothy M. Hogan, Tina A. Calos, Jennifer B. Anderson, Phoenix, Attorneys for Plaintiffs-Appellants.

Janet Napolitano, Attorney General, by Joseph P. Mikitish, Assistant Attorney General, Laurie A. Hachtel, Assistant Attorney General, Paula S. Bickett, Assistant Attorney General, Phoenix, Attorneys for Defendant-Appellant State of Arizona.

Gallagher & Kennedy, P.A., by John E. Lundin, Phoenix, Attorneys for Defendant-Appellee Governor Hull.

Ryley, Carlock & Applewhite, by L. William Staudenmaier, N. Warner Lee, and Dawn M. Meidinger, Cynthia M. Chandley, Phoenix, Attorneys for Intervenor-Appellee Phelps Dodge Corporation.

Salmon, Lewis & Weldon, P.L.C., by M. Byron Lewis, John B. Weldon, Jr., Mark A. McGinnis, Brenda W. Burman, Phoenix, Attorneys for Intervenors-Appellees Salt River.

H. Jay Platt, St. Johns, Attorney for Amicus Curiae Arizona Farm Bureau.


OPINION

PATTERSON, Judge.

¶ 1 Defenders of Wildlife (Wildlife) and the State of Arizona appeal from the trial court's grant of summary judgment in favor of Phelps Dodge Corporation, Salt River Valley Users Association, and Salt River Project Agricultural Improvement and Power District (Salt River), which upheld the validity and application of Senate Bill (S.B.) 1126. For the reasons that follow, we reverse the trial court's grant of summary judgment...

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