State Ex Rel Brnovich v. City of tucson/dewit

¶ 66 The Court does a fine job harmonizing and applying what it aptly refers to as the “muddled” jurisprudence governing conflicts between city charters and state law and it reaches the correct result. Although I join fully in Parts I, II, and V of the Court’s opinion, I write separately to address erroneous prior decisions that produced the jurisprudential muddle, from which we can extricate ourselves by aligning our case law with constitutional text.

¶67 The Court describes this as a “gratuitous" endeavor. Respectfully, it is not. Although the parties may determine what issues are placed…