Rae Ann RUMERY; John Skarhus; and Cartwright Elementary School District, Plaintiffs/Appellees,
v.
Maria BAIER, in her capacity as Arizona State Land Commissioner, Defendant/Appellant, and
Doug Ducey, in his capacity as State Treasurer, Defendant.
Supreme Court of Arizona, En Banc.https://leagle.com/images/logo.png
January 9, 2013.
January 9, 2013.
Attorney(s) appearing for the Case
Arizona Center for Law in the Public Interest by Timothy M. Hogan , Joy E. Herr-Cardillo , Phoenix, Attorneys for Rae Ann Rumery, John Skarhus, and Cartwright Elementary School District.
Lasota & Peters PLC by Donald M. Peters Phoenix, Attorney for Amici Curiae Arizona School Boards Association and Arizona Association of School Business Officials.
Fennemore Craig, P.C. by Timothy Berg , Theresa Dwyer-Federhar , Michael J. Phalen , Meredith K. Marder , Phoenix, Attorneys for Amici Curiae Valley Partnership, Arizona Chapter of Associated General Contractors of America, Arizona Chamber of Commerce and Industry, Arizona Mining Association, Arizona Rock Products Association, County Supervisors Association of Arizona, Greater Phoenix Leadership, International Council of Shopping Centers, and League of Arizona Cities and Towns.
Office of the Governor by Joseph Sciarrotta, Jr. , Phoenix, Attorney for Amicus Curiae Governor Janice K. Brewer.
Mariscal, Weeks, McIntyre & Friedlander, P.A. by Gary L. Birnbaum , Michael S. Rubin , Phoenix, Attorneys for Amicus Curiae Superintendent of Public Instruction John Huppenthal.
Arizona Education Association by Samantha E. Blevins , Phoenix, Attorney for Amicus Curiae Arizona Education Association.
Supreme Court of Arizona, En Banc.
OPINION
BALES, Vice Chief Justice.
¶ 1 Arizona's Constitution directs that "whenever any monies shall be in any manner derived from" state trust lands, the monies "shall be deposited" into a permanent fund to serve the purpose for which the land was granted. Ariz. Const. art. 10, § 7(A). We hold that A.R.S. § 37-527 (Supp.2012) violates this provision by diverting up to ten percent of certain trust land proceeds to a management fund rather...
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