Justia Government & Administrative Law Opinion Summaries

The Supreme Court disagreed with the lower courts' dismissal of Appellants' complaint against Maricopa County for appeal of an administrative action and the final judgment on the County's counterclaim, holding that the plain meaning of Ariz. Rev. Stat. 12-904(A) did not bar jurisdiction.Maricopa County's Planning and Development Department fined Appellants for violations of the county zoning ordinance, and the decision was affirmed. Appellants filed a complaint against the County requesting declaratory relief and alleging due process violations. The County filed a motion to dismiss, arguing that the trial court lacked jurisdiction because the complaint was deficient. The trial court denied the motion and allowed Appellants to file an amended complaint. Thereafter, Appellants brought an amended complaint seeking judicial review of the administrative decision. The County asserted a counterclaim seeking to enforce the fine. The trial court ruled the complaint failed to comply with Ariz. Rev. Stat. 12-904(A), and therefore, Appellants failed timely to file a "notice of appeal." The court of appeals affirmed. The Supreme Court vacated the court of appeals and reversed the trial court, holding that Appellants' complaint complied with section 12-904(A)'s three jurisdictional requirements that the timely filing's substance provide notice of the appeal, identify the decision being appealed, and state the issues argued on appeal. View "Shea v. Maricopa County" on Justia Law

The Supreme Court held that the superior court could adjudicate the challenge brought by Legacy Foundation Action Fund to the subject matter jurisdiction of the Clean Elections Commission in a collateral proceeding and that issue preclusion did not apply under the circumstances.The issues raised in this appeal stemmed from a 2014 election-related dispute between Legacy and the Commission. Legacy failed timely to appeal the final administrative decision of the Commission assessing a penalty for Legacy's violation of the Citizens Clean Elections Act. Therefore, the Supreme Court ruled that the superior court lacked appellate jurisdiction to decide the issue of whether the Commission acted within its subject matter jurisdiction. At issue before the Supreme Court here was whether the superior court could adjudicate the issue of the Commission's jurisdiction in a collateral proceeding. The Supreme Court answered (1) because a judgment entered by a tribunal lacking subject matter jurisdiction was void the superior court could adjudicate Legacy's challenge to the Commission's subject matter jurisdiction in a collateral proceeding; and (2) because the Commission did not serve as a neutral decision maker in deciding its own jurisdiction, Legacy was deprived of a full and fair adjudication of the issue, and therefore, issue preclusion did not apply. View "Legacy Foundation Action Fund v. Citizens Clean Elections Comm'n" on Justia Law

The Supreme Court held that the political question doctrine prohibits courts from adjudicating complaints that legislative committees held meetings in violation of Arizona's Open Meeting Law (OML). See Ariz. Rev. Stat. 38-431(6), -431.01(A).Plaintiffs filed a complaint against the Arizona Legislature alleging that twenty-six Republican legislators were threatening to violate the OML by attending a summit hosted by the American Legislative Exchange Council that was closed to the general public. The superior court dismissed the complaint for failure to state a claim, concluding that whether the Legislature complied with the OML was a nonjusticiable political question. The Supreme Court affirmed, holding that the question of whether the Legislature violated the OML was nonjusticiable. View "Puente v. Arizona State Legislature" on Justia Law

The Supreme Court held that Ariz. Rev. Stat. 23-1043.01(B), which limits workers' compensation claims for mental illnesses to those that arise from an "unexpected, unusual or extraordinary stress" situation, does not violate Ariz. Const. art. XVIII, 8 or equal protection guarantees under Ariz. Const. art. II, 13.Plaintiff, an officer with the Tucson Police Department, filed an industrial injury claim arising from an incident in June 2018, claiming that it exacerbated his preexisting post-traumatic stress disorder. An administrative law judge found Plaintiff's claims for mental injuries non-compensable because the June 2018 incident was not an "unexpected, unusual or extraordinary stress" situation under section 23-1043.01(B). The court of appeals affirmed the denial of benefits. The Supreme Court affirmed, holding that section 23-1043.01(B) does not unconstitutionally limit recovery for stress-related workplace injuries. View "Matthews v. Industrial Comm'n" on Justia Law

The Supreme Court held that the Arizona Corporation Commission, acting by a majority of its commissioners, may not prevent an individual commissioner from exercising investigatory powers pursuant to Ariz. Const. art. XV, 4, and a commission aggrieved by such action may seek judicial recourse by way of declaratory judgment pursuant to Ariz. Rev. Stat. 12-1831 to -1846.The court of appeals affirmed the ruling of the trial court dismissing the underlying case brought by Plaintiff, a member of the Commission, seeking declaratory relief and arguing that individual commissioners have authority to demand compliance with subpoenas without the approval from other commissioners. The Supreme Court vacated the opinion of the court of appeals and reversed the superior court's denial of summary judgment on the issues before the Court, holding (1) the Arizona Constitution does not allow a majority of commissioners to prevent any single commissioner from exercising the investigatory powers expressly granted to each in article 15, section 4; and (2) the Arizona Uniform Declaratory Judgment Act grants a commissioner standing to seek a declaration of his and his colleagues' rights. View "Burns v. Arizona Public Service Co." on Justia Law

The Supreme Court affirmed the judgment of the court of appeals upholding the decision of the Arizona Corporation Commission to consolidate several communities into a single service district, gradually increasing rates for some and lowering them for others to achieve uniform rates, holding that there was no error.The Commission consolidated the monthly wastewater rates paid by five wastewater districts acquired by EPCOR Water Arizona Inc. in 2012. Sun City, one of the wastewater districts, appealed, arguing that the consolidated rate discriminated against residents of Sun City. The court of appeals upheld the Commission's decision. The Supreme Court affirmed, holding that the rates approved by the Commission for the fully consolidated EPCOR district did not violate Ariz. Const. art. XV, 12. View "Sun City Home Owners Ass'n v. Arizona Corp. Commission" on Justia Law

The Supreme Court held that Ariz. Rev. Stat. 16-204.01 cannot apply to require a city to consolidate local elections with state and national elections if the city's charter provides otherwise.Section 16-204.01 requires political subdivisions to consolidate local elections with state and national elections when voter turnout for local elections significantly decreases. At issue in this case was whether the home rule charter provision barred application of section 16-204.01 to the City of Tuscon, whose charter required electing local officials on non-statewide election dates. The Supreme Court held that section 16-204.01 was unconstitutional as applied to the City charter and therefore could not preempt the City's election-scheduling provision. View "State ex rel. Brnovich v. City of Tucson" on Justia Law

The Supreme Court set aside the decision of administrative law judge (ALJ) for the Industrial Commission of Arizona (ICA) denying the claim for benefits filed by deputy John France, who developed post-traumatic stress disorder after he shot and killed a man, holding that the administrative law judge erred by failing to apply the standard required by Ariz. Rev. Stat. 23-1043.01(B).Under section 23-1043.01(B), employees may receive compensation for mental injuries if an unexpected, unusual or extraordinary employment-related stress was a substantial contributing cause of the mental injury. An ALJ denied France's claim for benefits, concluding that the shooting incident was not "unusual, unexpected, or extraordinary." The Supreme Court set aside the ICA's decision, holding (1) under section 23-1043.01(b), a work-related mental injury is compensable if the specific event causing the injury was objectively "unexpected, unusual or extraordinary"; (2) under this objective standard, an injury-causing event must be examined from the standpoint of a reasonable employee with the same or similar job duties and training as the claimant; and (3) the ALJ erred by limiting her analysis to whether France's job duties encompassed the possibility of using lethal force in the line of duty and failing to consider whether the shooting incident was unexpected or extraordinary. View "France v. Industrial Commission of Arizona" on Justia Law

In this lawsuit brought by the Attorney General against the Arizona Board of Regents challenging certain tuition policies, the Supreme Court affirmed in part and reversed in part the judgment of the trial court dismissing the action, holding that the Attorney General was not authorized to proceed with its first set of claims but that the trial court erred by granting the motion to dismiss the latter challenge.The Attorney General alleged that the Board's tuition-setting policies violate Ariz. Const. art. XI, 6 and that subsidizing in-state tuition for students who are not lawfully present constitutes an unlawful expenditure of public funds. The trial court dismissed the complaint, concluding that the Attorney General lacked authority to bring it. The Supreme Court affirmed in part and reversed in part the trial court's decision, holding (1) Ariz. Rev. Stat. 35-212 did not provide a basis for counts I-V, and therefore, the trial court properly dismissed those claims for lack of authority on the part of the Attorney General to prosecute them; and (2) the trial court erred in dismissing count VI because the Attorney General was entitled to prove that, in providing in-state tuition on behalf of students were not not lawfully present, the Board illegally expended funds beyond the amount of tuition collected. View "State ex rel. Brnovich v. Arizona Board of Regents" on Justia Law

The Supreme Court held that the Arizona Department of Health Services' (ADHS) interpretation of Arizona Administrative Code R9-17-303, which governs ADHS's allocation of marijuana dispensary registration certificates, violated Ariz. Rev. Stat. 36-2804(C).On June 16, 2016, ADHS announced that, because every county had at least one dispensary, it would allocate new registration certificates based on other factors set forth in R9-17-303. Saguaro Healing LLC timely applied for a certificate for its dispensary in La Paz County. During the application period, the only dispensary in La Paz County relocated out of the county. ADHS, however, did not consider the vacancy when prioritizing registration certificates and did not issue a certificate to Saguaro, leaving La Paz County without a dispensary. Saguaro filed a complaint for special action. The trial court dismissed the complaint because R9-17-303(B) "does not say when, during the process of issuing new certificates, [ADHS] must determine how certificates will be allocated." The Supreme Court reversed, holding (1) Ariz. Rev. Stat. 36-2804(C) requires ADHS to issue at least one medical marijuana dispensary registration certificate in each county with a qualified applicant; and (2) ADHS's interpretation of R9-17-303 contrary to this statutory mandate violates section 36-2804(C). View "Saguaro Healing LLC v. State" on Justia Law