Arizona court boots cities' challenge to budget
Lawyer Blogs
The Arizona Supreme Court late Wednesday dismissed the League of Arizona Cities and Towns' constitutional challenge to budget law provisions on immigration enforcement and other topics.
The immigration enforcement provisions toughen and expand existing prohibitions on providing services to illegal immigrants. Other challenged provisions deal with development impact fees and building codes.
All were included in a bill approved during a summer special session largely devoted to the state's ongoing budget crisis.
The legislation took effect Nov. 24.
The league argued that enactment of the provisions was unconstitutional because they fell outside budget-related topics listed for special session action and because unrelated legislation was packaged in one bill.
The Supreme Court's brief order said the case, which had been filed directly with the high court, can be started over in a lower court.
The league "did not establish circumstances sufficient to render it proper for the original special action petition to be brought to this court," the order said.
A new case filed in trial court would have to pass through several layers of the state court system before any constitutional questions are resolved. That process would take at least several months and possibly a year or two.
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