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FRIEDMAN v. CAVE CREEK UNIFIED SCHOOL DIST.

No. 1 CA-CV 11-0828.

299 P.3d 182 (2013)

Jayne FRIEDMAN and Richard Bail, Plaintiffs/Appellees, v. CAVE CREEK UNIFIED SCHOOL DISTRICT NO. 93; Debbi Burdick, in her official capacity as Superintendent for Cave Creek Unified School District; David Schaefer, Mark Warren, Susan Clancy, Casey Perkins, and Stephanie Reese, in their official capacities as members of Cave Creek Unified School District Governing Board; and Kathie Amabisca, in her official capacity as Director of Finance for Cave Creek Unified School District, Defendants/Appellants.

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

February 28, 2013.

Attorney(s) appearing for the Case

Scharf-Norton Center for Constitutional Litigation at the Goldwater Institute by Clint Bolick , Carrie Ann Sitren , Christina Sandefur , Phoenix, Attorneys for Plaintiffs/Appellees.

Lewis & Roca LLP by Kimberly A. Demarchi , Lynne C. Adams , Phoenix, Attorneys for Defendants/Appellants.

OPINION

HOWE, Judge.

¶ 1 Cave Creek Unified School District No. 93 ("the District") and school district officials David Schaefer, Mark Warren, Susan Clancy, Casey Perkins, Stephanie Reese, and Kathie Amabisca appeal from the superior court's decision finding 2010 Ariz. Sess. Laws ch. 332 § 34 (2d Reg. Sess.) ("Section 34") unconstitutional. Section 34 authorizes a school district that has unspent proceeds from a bond issue that occurred nine or...

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