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INDUSTRIAL COM'N OF ARIZONA v. BREWER

No. 1 CA-CV 11-0119.

290 P.3d 439 (2012)

INDUSTRIAL COMMISSION OF ARIZONA, for itself and as Trustee for the Special Fund of the Industrial Commission of Arizona, Plaintiffs/Appellees, Arizona State Compensation Fund; Arizona Contractor's Association, Inc.; National Federation of Independent Businesses; American Insurance Association; Arizona Self-Insurers Association; Arizona Multihousing Association, Arizona Beef Council; Alliance of Construction Trades; Arizona Police Association; Professional Firefighters of Arizona; Arizona Building and Construction Trades Council; and Arizona Education Association, Plaintiffs-Intervenors/Appellees, v. Janice K. BREWER, Governor of the State of Arizona, in her official capacity; D. Clark Partridge, Comptroller of the State of Arizona, in his official capacity; and the State of Arizona, a governmental entity, Defendants/Appellants.

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

November 23, 2012.

Attorney(s) appearing for the Case

Thomas C. Horne , Attorney General, by Mark P. Bookholder , Assistant Attorney General, Phoenix, Attorneys for Defendants/Appellants.

Mariscal, Weeks, McIntyre & Friedlander, P.A. by David J. Ouimette , Phoenix, Attorneys for Plaintiff/Appellee.

Kutak Rock LLP by Michael W. Sillyman , S. David Childers , Vanessa R. Brown , Scottsdale, and Charles E. Jones , Attorney at Law, by Charles E. Jones and William D. Sheldon , General Counsel, State Compensation Fund, Phoenix, Attorneys for Plaintiffs-Intervenors/Appellees Arizona State Compensation Fund; Arizona Contractor's Association, Inc.; National Federation of Independent Businesses; American Insurance Association; Arizona Self-Insurers Association; Arizona Multihousing Association; Arizona Beef Council; and Alliance of Construction Trades.

Haralson, Miller, Pitt, Feldman & McAnally, P.L.C. by Stanley G. Feldman , Nathan J. Fidel , Tucson, Attorneys for Plaintiffs-Intervenors/Appellees Arizona Police Association; Professional Firefighters of Arizona; Arizona Building and Construction Trades Council; Arizona Education Association.

OPINION

PORTLEY, Judge.

¶ 1 We are asked to decide whether the trial court erred when it ruled that the State of Arizona could not transfer funds from the Special Fund of the Industrial Commission of Arizona ("ICA") to the State's general fund. Because the Special Fund's monies are public funds subject to appropriation, we reverse and remand for entry of judgment in favor of the State.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 Governor...

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