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WHITE MTN. HEALTH CENTER v. MARICOPA COUNTY

Nos. 1 CA-CV 12-0831 1 CA-CV 13-0697, 1 CA-CV 14-0372 (Consolidated).

386 P.3d 416 (2016)

WHITE MOUNTAIN HEALTH CENTER, INC., an Arizona non-profit corporation, Plaintiff/Appellee, v. MARICOPA COUNTY; William Montgomery, Esq., Maricopa County Attorney, Defendants/Appellants, State of Arizona ex rel. Mark Brnovich, in his official capacity as Attorney General, Intervenor/Appellant.

Court of Appeals of Arizona, Division 1.

FILED December 20, 2016.

Attorney(s) appearing for the Case

White Berberian PLC, Tempe, By Steven M. White , Anne M. Brady , Co-Counsel for Plaintiff/Appellee

ACLU Criminal Law Reform Project, New York, NY, By Ezekiel R. Edwards , Emma A. Andersson , Co-Counsel for Plaintiff/Appellee, Pro Hac Vice

ACLU Foundation of Arizona, Phoenix, By Daniel Joseph Pochoda , Co-Counsel for Plaintiff/Appellee

Maricopa County Attorney's Office, Phoenix, By Thomas P. Liddy , Bruce P. White , Joseph I. Vigil , Counsel for Defendants/Appellants Maricopa County, William Montgomery

Arizona Attorney General's Office, Phoenix, By Charles A. Grube , Brian P. Luse , Counsel for Intervenor/Appellant State of Arizona

Yavapai County Attorney's Office, Prescott, By Benjamin D. Kreutzberg , Counsel for Amicus Curiae Yavapai County Attorney

Kercsmar & Feltus PLLC, Scottsdale, By Todd Feltus , Counsel for Amicus Curiae Judicial Watch, Inc.

Presiding Judge Donn Kessler delivered the opinion of the Court, in which Judge Peter B. Swann and Chief Judge Michael J. Brown joined.

OPINION

¶ 1 In 2012, White Mountain Health Center, Inc. ("White Mountain") sought county zoning approval to establish a medical marijuana dispensary ("MMD") pursuant to the Arizona Medical Marijuana Act ("AMMA"), Arizona Revised Statutes ("A.R.S.") sections 36-2801 to -2819 (2014 and Supp. 2015).

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