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NIEHAUS v. HUPPENTHAL

No. 1 CA-CV 12-0242.

310 P.3d 983 (2013)

Sharon NIEHAUS; Arizona School Boards Association; Arizona Education Association; and Arizona Association of School Business Officials, Plaintiffs/Appellants, v. John HUPPENTHAL, in his capacity as Arizona Superintendent of Public Instruction, Defendant/Appellee. Goldwater Institute; Andrea Weck Robertson; Victoria Zicafoose; and Crystal Fox, Intervenors/Appellees.

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

October 1, 2013.

Attorney(s) appearing for the Case

LaSota & Peters, PLC by Donald M. Peters , Arizona Center for Law in the Public Interest by Timothy M. Hogan , Phoenix, Attorneys for Appellants.

Thomas C. Horne , Arizona Attorney General, by Kevin D. Ray , Jinju Park, Jordan T. Ellel , Phoenix, Attorneys for Appellee.

Scharf-Norton Center for Constitutional Litigation by Clint Bolick , Carrie Ann Sitren , Taylor C. Earl , Phoenix, Attorneys for Intervenor/Appellee Goldwater Institute.

Institute for Justice by Timothy D. Keller , Paul V. Avelar , Tempe, Attorneys for Parent Intervenors/Appellees.

DeConcini McDonald Yetwin & Lacy, P.C. by Denise M. Bainton , Tucson, National School Boards Association by Francisco M. Negrón, Jr. , Virginia, Attorneys for Amicus Curiae.

OPINION

THOMPSON, Judge.

¶ 1 Appellants Sharon Niehaus and other interested organizations (collectively, Niehaus) appeal the trial court's judgment denying their request for injunctive relief and granting judgment to appellee John Huppenthal (Huppenthal), in his capacity as Arizona State Superintendent of Public Instruction. Niehaus challenges the constitutionality of the Arizona Empowerment Scholarship Accounts program (ESA). For the following reasons...

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