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    PR 081312 PrayerSuitRuling

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    matthendley
    The court granted the defendant's motion to dismiss the complaint filed by the plaintiffs. In its ruling, the court found that the plaintiffs lacked standing because they failed to demonstrate a particularized or concrete injury. The plaintiffs did not allege they filed as taxpayers or show direct pecuniary or other injury. The court also determined the plaintiffs' declaratory relief claim sought an advisory opinion and their requests for past proclamations were moot. The complaint was dismissed with prejudice.

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    PR 081312 PrayerSuitRuling

    Uploaded by

    matthendley
    1K views2 pages
    The court granted the defendant's motion to dismiss the complaint filed by the plaintiffs. In its ruling, the court found that the plaintiffs lacked standing because they failed to demonstrate a particularized or concrete injury. The plaintiffs did not allege they filed as taxpayers or show direct pecuniary or other injury. The court also determined the plaintiffs' declaratory relief claim sought an advisory opinion and their requests for past proclamations were moot. The complaint was dismissed with prejudice.

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    The court granted the defendant's motion to dismiss the complaint filed by the plaintiffs. In its ruling, the court found that the plaintiffs lacked standing because they failed to demonstrate a particularized or concrete injury. The plaintiffs did not allege they filed as taxpayers or show direct pecuniary or other injury. The court also determined the plaintiffs' declaratory relief claim sought an advisory opinion and their requests for past proclamations were moot. The complaint was dismissed with prejudice.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pdf or txt
    1K views2 pages

    PR 081312 PrayerSuitRuling

    Uploaded by

    matthendley
    The court granted the defendant's motion to dismiss the complaint filed by the plaintiffs. In its ruling, the court found that the plaintiffs lacked standing because they failed to demonstrate a particularized or concrete injury. The plaintiffs did not allege they filed as taxpayers or show direct pecuniary or other injury. The court also determined the plaintiffs' declaratory relief claim sought an advisory opinion and their requests for past proclamations were moot. The complaint was dismissed with prejudice.

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    of 2

    Michael K.

    Jeanes, Clerk of Court *** Filed *** 08/13/2012 8:00 AM

    SUPERIOR COURT OF ARIZONA MARICOPA COUNTY CV 2012-070001 08/07/2012

    HONORABLE EILEEN S. WILLETT

    CLERK OF THE COURT S. Stewart Deputy

    FREEDOM FROM RELIGION FOUNDATION INC, et al. v. JANICE K BREWER

    RICHARD W MORRIS

    JOSEPH KANEFIELD

    COURT ADMIN-CIVIL-CCC

    RULING The Court has considered Defendants Motion to Dismiss filed May 3, 2012; Response filed June 15, 2012; and Reply filed July 20, 2012. Oral argument has not been requested. The Court having considered all information presented and authorities cited, finds that Plaintiffs lack an injury sufficient to demonstrate that they have direct or representational standing. In the absence of a particularized and concrete injury suffered by Plaintiffs, their claims cannot go forward. Plaintiffs have not alleged that they filed their claims in their capacity as taxpayers, nor have they shown a direct injury, pecuniary or otherwise. No exceptional circumstances or fundamental questions of statutory construction or constitutionality of a statute or government action, moot due to passage of time, have been demonstrated to support the Courts waiver of the standing requirement. Further, Plaintiffs Declaratory Relief claim seeks an unlawful advisory opinion and all past proclamations are moot. Plaintiffs claims seek relief that the Court cannot provide. IT IS ORDERED granting the Motion to Dismiss. The Complaint is dismissed with prejudice.

    Docket Code 042

    Form V000A

    Page 1

    SUPERIOR COURT OF ARIZONA MARICOPA COUNTY CV 2012-070001 08/07/2012

    IT IS FURTHER ORDERED dismissing this matter with prejudice.

    /S/: HONORABLE EILEEN S. WILLETT ___________________________________________ HONORABLE EILEEN S. WILLETT JUDICIAL OFFICER OF THE SUPERIOR COURT ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an exception defined in the Administrative Order applies.

    Docket Code 042

    Form V000A

    Page 2

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