MOULTON v. NAPOLITANO

No. 1 CA-CV 02-0642.

73 P.3d 637 (2003)

205 Ariz. 506

Timothy L. MOULTON and Tanya Moulton, husband and wife; Kathleen M. Kassmann, a single person; Frank Kassmann and Janet Kassmann, husband and wife; Mark W. Clary and Mary Katherine Clary, husband and wife; John A. Sirovy and Sharon L. Sirovy, husband and wife; and Conde T. Sluga and Alice M. Sluga, husband and wife, Plaintiffs-Appellants, v. Janet A. NAPOLITANO, in her capacity as Governor of the State of Arizona; Gilbert Jimenez, in his capacity as Director of the Arizona Department of Commerce; Victor Mendez, in his capacity as Director of the Arizona Department of Transportation; David A. Petersen, in his capacity as Treasurer of the State of Arizona; Betsey Bayless, in her capacity as Director of the Arizona Department of Administration; Terry Goddard, in his capacity as the Arizona Attorney General; State of Arizona; Arizona Department of Commerce; Arizona Department of Administration; Arizona Department of Transportation, Defendants-Appellees.

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

August 5, 2003.


Attorney(s) appearing for the Case

Timothy L. Moulton and Tanya D. Moulton, Tempe, Kathleen M. Kassmann, Scottsdale, Frank Kassmann and Janet Kassmann, Paradise Valley, Mark W. Clary and Mary Katherine Clary, Mesa, John A. Sirovy and Sharon L. Sirovy, Dewey, Conde T. Sluga and Alice M. Sluga, Scottsdale, Plaintiffs-Appellants In Propriis Personis.

Gallagher & Kennedy, P.A. By Mark C. Dangerfield, Phoenix, Attorneys for Defendants-Appellees.


OPINION

EHRLICH, Judge.

¶ 1 The Arizona Legislature enacted laws that provided grants, tax credits and other benefits for persons who owned vehicles powered by an "alternative fuel," see 2000 ARIZ. SESS. LAWS, ch. 405, §§ 1-47, defined as a fuel source other than gasoline or a combination using no more than 30% petroleum. ARIZ. REV.STAT. ("A.R.S.") § 1-215(4)(Supp.2002). In response, Timothy and Tanya Moulton, Kathleen Kassmann...

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