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LEGACY FOUND. v. CITIZENS CLEAN ELECTIONS

No. 1 CA-CV 19-0773.

505 P.3d 292 (2022)

LEGACY FOUNDATION ACTION FUND, Plaintiff/Appellant, v. CITIZENS CLEAN ELECTIONS COMMISSION, Defendant/Appellee.

Court of Appeals of Arizona, Division 1.

As Amended January 21, 2022.

Attorney(s) appearing for the Case

Bergin Frakes Smalley & Oberholtzer PLLC, Phoenix, By Brian M. Bergin , Co-counsel for Plaintiff/Appellant.

Holtzman Vogel Josefiak PLLC, Warrenton, VA, By Jason Brett Torchinsky , Co-counsel for Plaintiff/Appellant.

Osborn Maledon PA, Phoenix, By Mary R. O'Grady , Joseph N. Roth , Counsel for Defendant/Appellee.

Presiding Judge Randall M. Howe delivered the opinion of the court, in which Chief Judge Kent E. Cattani joined. Judge Cynthia J. Bailey dissented.

OPINION

¶1 Legacy Foundation Action Fund appeals the trial court's dismissal of its special-action complaint and granting summary judgment to the Citizens Clean Election Commission in the Commission's separate enforcement action. Legacy argues that its special-action complaint was an appropriate collateral attack on the...

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