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BIGGS v. BETLACH

No. 1 CA-CV 15-0743.

392 P.3d 499 (2017)

Andy BIGGS, et al., Plaintiffs/Appellants, v. Thomas J. BETLACH, Defendant/Appellee. Edmundo Macias; Gary Gorham; Daniel McCormick; and Tim Ferrell, Intervenor-Defendants/Appellees.

Court of Appeals of Arizona, Division 1.

FILED March 16, 2017.

Attorney(s) appearing for the Case

Goldwater Institute, Phoenix, By Christina Sandefur and Aditya Dynar , Counsel for Plaintiffs/Appellants.

Fennemore Craig, P.C., Phoenix, By Douglas Northup , Timothy Berg , Patrick Irvine , and Carrie Ryerson , Counsel for Defendant/Appellee.

Arizona Center for Law in the Public Interest, Phoenix, By Timothy Hogan and Joy Herr-Cardillo , William E. Morris Institute for Justice, Phoenix, By Ellen Sue Katz , Co-Counsel for Intervenor-Defendants/Appellees.

Coppersmith Brockelman PLC, Phoenix, By Roopali Desai and D. Andrew Gaona , Arizona Hospital and Healthcare Association, Phoenix, By Ann-Marie Alameddin , Co-Counsel for Amicus Curiae Arizona Hospital and Healthcare Association.

Statecraft PLLC, Phoenix, By Kory Langhofer , Counsel for Amicus Curiae Health System Alliance of Arizona.

Judge Paul J. McMurdie delivered the opinion of the Court, in which Presiding Judge Kenton D. Jones and Judge Patricia K. Norris joined.

OPINION

¶ 1 We are asked to consider whether the hospital assessment under Arizona Revised Statutes ("A.R.S.") section 36-2901.08 was enacted in violation of Article 9, Section 22, of the Arizona Constitution.1

¶ 2 Appellants, a group of legislators who voted against House...

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