Babbitt v. Asta

OPINION

KRUCKER, Judge.

This was an action for declaratory relief under A.R.S. § 12-1831 et seq. On cross motions for summary judgment the trial court held that a portion of A.R.S. § 11-803(B) (Supp.1975) violated the Equal Protection Clause of the Fourteenth Amendment and Art. 2, § 13 of the Arizona Constitution. The Attorney General has timely perfected this appeal from the judgment. For the reasons set forth in this opinion, we reverse.

The undisputed facts are as follows. On February 20, 1973, appellee Pima County Supervisor Ron Asta appointed appellee Dee T. O’Neill to a two-year term on…