Norriega v. MacHado

OPINION

GERBER, Judge.

In this appeal, we consider whether appellants are barred by the doctrine of res judi-cata from maintaining an action challenging the constitutionality of Arizona’s forfeiture statutes. Because neither appellant was a party in the prior forfeiture proceedings, we hold that res judicata does not bar their action.

FACTS AND PROCEDURAL HISTORY

This is an appeal from the grant of a motion to dismiss. We therefore consider all material facts as alleged in the complaint to be true. See Anson v. American Motors Corp., 155 Ariz. 420, 421, 747 P.2d 581, 582 (App.1987).

A. Appellant…