Abstract
In League of Arizona Cities & Towns v. Martin, the Arizona Supreme Court unanimously held that a provision in the fiscal year 2008-2009 general appropriations act, requiring the cities and towns of Arizona to return $18.3 million to the state general fund, was not an appropriation. Imperative to the court's conclusion was the legislature's inability to identify a specific appropriation reduced by the provision. However, an extended analysis of the undisclosed source of the requested $18.3 million reveals what the court did not address: the legislature attempted to appropriate revenue that was constitutionally mandated to be spent only on a discrete number of highway-related purposes. This extended analysis reveals that although the legislature's attempt to recoup funds from Arizona cities and towns technically met the requirements of an appropriation, it explicitly contravened a separate provision of the Arizona Constitution governing the expenditure of those funds. As a secondary matter, the court held that laches did not apply to bar the claim due both to the reasonable nature of the delay and lack of prejudice.
How to Cite
51 Ariz. L. Rev. 531 (2009)
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