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State asks judge to dismiss legal challenge to school finance scheme

Posted by   /  August 30, 2017  /  No Comments

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Mary O’Grady

By Howard Fischer | Capitol Media Services via Arizona Capitol Times

Saying challengers have no right to sue, lawyers for the state want a judge to throw out a challenge to the state’s school funding scheme.

In legal papers filed in Maricopa County Superior Court, attorney Brett Johnson does not directly address the contention by education officials, taxpayers and others that the lack of cash from the governor and Legislature has left schools with hundreds of millions of dollars of unmet construction, maintenance and equipment needs.

Instead, Johnson is telling Judge Connie Contes she has no authority to decide if the state is providing enough money. He said whatever they decide to provide in cash is a “political question” beyond the powers of the courts.

“Whether and how much money can be paid out of the state treasury is clearly committed by our constitution to those acting in a legislative capacity,” he wrote.

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