Yearly Archives: 2023

Lake v. Hobbs – 2/16/2023

February 20, 2023
Arizona Court of Appeals, Division One, affirms ruling confirming Hobbs's election as governor, holding that clear and convincing evidence is the burden of proof in an election contest, that proof that alleged official misconduct actually affected the results is required, and that misconduct need not be intentional to support an election contest.

Workers for Resp. Dev. v. City of Tempe – 1/26/2023

February 14, 2023
The Arizona Court of Appeals, Division One, holds that an Ordinance authorizing the mayor to enter into a development agreement is a referable legislative act, and that a referendum petition strictly complies with the statute even if it deviates from the order set forth in statute, as long as all required components are present.

San Carlos Apache Tribe v. State – 11/15/2022

February 6, 2023
The Arizona Court of Appeals Division One holds that a new mining shaft built at an existing site is a “new source” of pollutants under the Clean Water Act, subject to increased environmental quality standards and permitting requirements.