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McNAMARA v. CITIZENS PROTECTING TAX PAYERS

No. 1 CA-CV 13-0551.

337 P.3d 557 (2014)

Jane H. McNAMARA; Kim Rosenthal; and Madeleine Kesselman, qualified electors, Plaintiffs/Appellants, v. CITIZENS PROTECTING TAX PAYERS, an Arizona non-profit corporation; Committee Citizens Protecting Taxpayers in Opposition to RC-2-11, a political committee, Defendants/Appellees.

Court of Appeals of Arizona, Division 1.

October 30, 2014.

Attorney(s) appearing for the Case

Coppersmith Brockelman, P.L.C., Phoenix By L. Keith Beauchamp , Roopali H. Desai , Melissa A. Soliz , Counsel for Plaintiffs/Appellants.

Tiffany & Bosco, P.A., Phoenix By Timothy A. LaSota , William M. Fischbach, III , Counsel for Defendants/Appellees.

Presiding Judge MARGARET H. DOWNIE delivered the opinion of the Court, in which Judge ANDREW W. GOULD and Judge SAMUEL A. THUMMA joined.

OPINION

DOWNIE, Judge.

¶ 1 The dispositive issue in this appeal is whether qualified electors may maintain a private cause of action based on alleged violations of Arizona Revised Statutes ("A.R.S.") section 16-915.01 (disposal and use of surplus monies held by political committees). We conclude no such private right of action exists and therefore affirm the superior court's dismissal of the complaint filed by Jane McNamara, Kim Rosenthal, and Madeleine...

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