DeVRIES v. STATE

Nos. 1 CA-CV 07-0399, 1 CA-CV 07-0424.

198 P.3d 580 (2008)

Theresa DeVRIES, surviving parent of Lee DeVries, Deceased, Plaintiff/Appellant, v. STATE of Arizona, a body politic, and Arizona Department of Transportation, a governmental department of the State of Arizona, Defendants/Appellees. Christie A. Green; Dawn Wyland; Eric Meyer; Rae J. Waters; The Professional Group Public Consulting, Inc., an Arizona corporation, Plaintiffs/Appellants, v. Gale Garriott, in his official capacity as Director of the Arizona Department of Revenue, Defendant/Appellee. Stella Gomez; Cecilia Hernandez; Stefanie Ortega; Kerin Zimmerman; Arizona School Choice Trust, Inc., a private non-profit corporation, Intervenor-Defendants/Appellees.

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

May 22, 2008.


Attorney(s) appearing for the Case

John P. Leader, Tucson, Attorney for Plaintiff/Appellant in No. 1 CA-CV 07-0399.

Terry Goddard, Attorney General By Steven A. LaMar, Assistant Attorney General and Isaiah Fields, Assistant Attorney General, Phoenix, Attorneys for Defendants/Appellees in No. 1 CA-CV 07-0399.

Sacks Tierney, PA By Marvin S. Cohen, Scottsdale, Arizona School Boards Association By Christopher P. Thomas, Arizona Center for Law in the Public Interest By Timothy M. Hogan, Phoenix, Attorneys for Plaintiffs/Appellants in No. 1 CA-CV 07-0424.

Terry Goddard, Attorney General By Michael F. Kempner, Assistant Attorney General, and Lisa A. Neuville, Assistant Attorney General, Phoenix, Attorneys for Defendant/Appellee In No. 1 CA-CV 07-0424.

Institute for Justice Arizona Chapter By Timothy D. Keller, Tempe, Institute for Justice Virginia Branch By William H. Mellor, Arlington, VA, Law Offices of Thomas A. Zlaket, PLLC By Thomas A. Zlaket, Tucson, Attorneys for Intervenor-Defendants/Appellees in No. 1 CA-CV 07-0424.

Alliance Defense Fund Law Center By Benjamin W. Bull and Gary S. McCaleb and Byron Jeffords Babione, Scottsdale, Attorneys for Amicus Curiae in No. 1 CA-CV 07-0424.


OPINION

NORRIS, Judge.

¶ 1 "In any proceeding in which a state statute, ordinance, franchise or rule is alleged to be unconstitutional," Arizona Revised Statutes ("A.R.S.") section 12-1841(A) (Supp.2007) requires a party to serve the Attorney General, and, pursuant to a 2006 amendment, the Speaker of the House of Representatives and the President of the Senate, with "a copy of the pleading, motion or document containing the allegation at the same time...

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