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CAIN v. HORNE

No. 2 CA-CV 2007-0143.

183 P.3d 1269 (2008)

Virgel CAIN, Sandy Bahr, Scott Holcomb, Arizona Association of School Business Officials, Arizona Education Association, Arizona Federation of Teacher Unions, Arizona Parent Teacher Association, Arizona Rural Schools Association, Arizona School Administrators, Inc., Arizona School Boards Association, American Civil Liberties Union of Arizona, and People for the American Way, Plaintiffs/Appellants, v. Tom HORNE, in his capacity as Superintendent of Public Instruction, Defendant/Appellee, and Jessica Geroux, Andrea Weck, Kristina Peterson, Kimberly Wuestenberg, Edwin Rivera, and Mike and Shirley Okamura, Intervenors/Appellees.

Court of Appeals of Arizona, Division 2, Department B.

May 15, 2008.

Attorney(s) appearing for the Case

Miller, LaSota & Peters, PLC By Donald M. Peters and Wendy L. Kim, Arizona Center for Law in the Public Interest By Timothy M. Hogan, Phoenix, Thomas W. Pickrell, Mesa, Attorneys for Plaintiffs/Appellants.

Terry Goddard, Arizona Attorney General By William A. Richards and Chad B. Sampson, Phoenix, Attorneys for Defendant/Appellee.

Institute for Justice, Arizona Chapter By Timothy D. Keller and Jennifer M. Perkins, Tempe, Institute for Justice By William H. Mellor and Clark M. Neily III, Arlington, Virginia, Thomas A. Zlaket PLLC By Thomas A. Zlaket, Tucson, Attorneys for Intervenors/Appellees.

Udall, Shumway & Lyons, P.L.C. By Denise Lowell-Britt and Jessica S. Sanchez, Mesa, Attorneys for Amicus Curiae Arizona Council for Administrators of Special Education.

Perkins Coie Brown & Bain P.A. By Lee Stein and Elizabeth J. Kruschek, Phoenix, Attorneys for Amicus Curiae National School Boards Association.

OPINION

VÁSQUEZ, Judge.

¶ 1 In this action challenging the constitutionality of two "school voucher" statutes, appellants Virgel Cain and other interested individuals and organizations (collectively, "Cain") appeal from a judgment on the pleadings in favor of appellee Tom Horne, in his capacity as State Superintendent of Public Instruction, dismissing all of Cain's claims with prejudice. Although we agree with part of the trial court's reasoning...

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