Paisley, et al. v. Brewer, et al.
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|Date Filed||#||Document Text|
|September 2, 2011
ORDER Plaintiffs' motion for summary judgment (Doc. 40) is granted. Defendants' motion for summary judgment (Doc. 38) is denied. The Court enters the following declaratory relief: To the extent H.B. 2012 repealed portions of A.R.S. § 5 -522(A) that are included in the SIP, and repealed the statutory provisions establishing the LTAF, see A.R.S. § 28-8101 et seq., the bill is ineffective and preempted by federal law. The requirement to deposit lottery funds into the LTAF as set forth in the EPA-approved SIP remains in full force and effect. The Court intends to enter an appropriate injunction against Defendant Ducey to reinstate the deposit and disbursement of Arizona lottery funds into and from the LTAF as required by the SIP. The parties are directed to confer and submit to the Court a jointly proposed form of injunction by September 23, 2011. If the parties are unable to agree, they shall, by September 23, 2011, provide the Court with memoranda (not to exceed 7 pages each) setting forth their positions on an appropriate injunction. Signed by Judge David G Campbell on 9/2/2011.(KMG)
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