State Ex Rel. Department of Health Services v. Cochise County

I dissent for two reasons. First, I believe that under the statute involved that the state is a person and must comply with the county claims statute.

As the majority cites:

Since, in common usage, the term “person” does not include the sovereign, statutes employing the phrase are ordinarily construed to exclude it. But there is no hard and fast rule of exclusion. The purpose, the subject matter, the context, the legislative history, and the executive interpretation of the statute are aids to construction which may indicate an intent, by the use of the term, to bring state or nation within the…