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TANQUE VERDE UNIFIED SCHOOL v. BERNINI

No. 2 CA-SA 2003-0067.

76 P.3d 874 (2003)

206 Ariz. 200

TANQUE VERDE UNIFIED SCHOOL DISTRICT NO. 13 OF PIMA COUNTY, a political subdivision of the State of Arizona, Petitioner, v. Hon. Deborah BERNINI, Judge of the Superior Court of the State of Arizona, in and for the County of Pima, Respondent, and Tanque Verde Coalition, Inc., an Arizona not-for-profit corporation; Timothy Miles and Laura Miles, husband and wife; James Jones and Penelope Jones, husband and wife; Gary W. Stone and Pamela J. Provost-Stone, husband and wife; Allan H. Bowermaster and Barbara L. Bowermaster, husband and wife; Robert G. Brown and Virginia L. Brown, husband and wife; James Bartuska and Bonnie Bartuska, husband and wife; Carol Rentschler Rhodes, an unmarried woman; David S. Moser and Carolyn R. Moser, husband and wife; and Joseph G. Klinger and Virginia A. Klinger, husband and wife, Real Parties in Interest.

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

September 23, 2003.

Attorney(s) appearing for the Case

DeConcini McDonald Yetwin & Lacy P.C., By Denise M. Bainton, Wayne E. Yehling, and Lisa Anne Smith, Tucson, for Petitioner.

Lewis & Roca LLP, By John N. Iurino, John Hinderaker, and Erin O. Simpson, Tucson, for Real Parties in Interest.

Terry Goddard, Arizona Attorney General, By Susan P. Segal, Dena Epstein, and Judith Darknall, Phoenix, for Amicus Curiae Arizona School Facilities Board.

Arizona Center for Law in the Public Interest, By Timothy M. Hogan, Phoenix, for Amicus Curiae School Finance Reform Group.

Christopher P. Thomas, Phoenix, for Amicus Curiae Arizona School Boards Association, Inc.

OPINION

ESPINOSA, Chief Judge.

¶ 1 In this special action, Tanque Verde Unified School District No. 13 of Pima County challenges the respondent judge's rulings that the District's board violated Arizona's open meeting laws in selecting a site on which to build a high school and that the District may not use funds from the Arizona School Facilities Board (SFB) to pay severance damages in a condemnation action.1 The...

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