Legal Opinion

San Carlos Apache Tribe v. Superior Court

Arizona Supreme Court

Decided January 7, 1999No. CV-95-0161-SAPublishedCited by 90 opinions

1Opinion of the Court

OPINION

FELDMAN, Justice.

¶ 1 We previously accepted jurisdiction of this special action challenging the constitutionality of two legislative measures that revise many portions of Arizona’s surface water law. On remand, the trial judge held most of the statutory changes unconstitutional because they applied retroactively to affect vested property rights, thus violating the due process clause of .article II, section 4 of the Arizona Constitution, or because they violated the separation of powers clause of article III of the Arizona Constitution. For the most part, we agree and affirm.

FACTS AND…

2Cases cited38 opinions

  1. Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
  2. Michigan v. LongSupreme Court of the United States · 1983
  3. Den Ex Dem. Murray v. Hoboken Land & Improvement Co.Supreme Court of the United States · 1856
  4. United States v. KleinSupreme Court of the United States · 1872
  5. Pennsylvania v. Wheeling & Belmont Bridge Co.Supreme Court of the United States · 1856

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3Cited by90 opinions

  1. In Re Water Use Permit ApplicationsHawaii Supreme Court · 2000
  2. Martin v. ReinsteinCourt of Appeals of Arizona · 1999
  3. State v. DonaldCourt of Appeals of Arizona · 2000
  4. Calik v. KongableArizona Supreme Court · 1999
  5. City of Tucson v. Clear Channel Outdoor, Inc.Court of Appeals of Arizona · 2008

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