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CHEATHAM v. DICICCIO

Nos. 1 CA-CV 13-0364, 1 CA-CV 14-0135.

356 P.3d 814 (2015)

William R. CHEATHAM and Marcus Huey, Plaintiffs/Appellees, v. Sal DICICCIO in his official capacity as a member of the Phoenix City Council; City of Phoenix; Phoenix Law Enforcement Association, Defendants/Appellants, Thomas Cox; Victor Escoto; Richard V. Hartson; Vivian Reque; and David K. Wilson, Intervenors/Appellants. William R. Cheatham and Marcus Huey, Plaintiffs/Appellees, v. Phoenix Law Enforcement Association, Defendant/Appellant.

Court of Appeals of Arizona, Division 1.

August 11, 2015.

Attorney(s) appearing for the Case

Scharf-Norton Center for Constitutional Litigation at the Goldwater Institute By Clint Bolick , Jonathan Matthew Riches , Phoenix, Counsel for Plaintiffs/Appellees.

Sherman & Howard, LLC By John Alan Doran , Lori Wright Keffer , Matthew A. Hesketh , Phoenix, Counsel for Defendants/Appellants.

Napier, Coury & Baillie, P.C. By Michael Napier , Kathryn R.E Baillie , Phoenix, Counsel for Defendants/Appellants Phoenix Law Enforcement Association.

Judicial Watch, Inc. By Paul J. Orfanedes , Chris Fedeli , Washington, DC, Counsel for Defendants/Appellants.

Gomez & Petitti, P.C. By David F. Gomez , Michael J. Petitti Jr. , Phoenix, Counsel for Intervenors/Appellants.

Judge RANDALL M. HOWE delivered the opinion of the Court, in which Presiding Judge SAMUEL A. THUMMA and Judge JOHN C. GEMMILL joined.

OPINION

¶ 1 The City of Phoenix ("City") and the intervenor police officers and the Phoenix Law Enforcement Association (collectively, "PLEA") appeal the trial court's order enjoining enforcement of "release time" provisions of the 2012-14 Memorandum of Understanding ("MOU") between the City and PLEA. Under this agreement...

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