Today’s East Valley Tribune reports on the motion to dismiss filed by the United States through the District Attorney’s office in Phoenix in the lawsuit brought in Phoenix by the State of Arizona. The story is on the Tribune’s Website, found at http://www.eastvalleytribune.com/arizona/article_62931b84-bc9e-11e0-b98a-001cc4c03286.html. The story isn’t long, and isn’t legalistic. The reporter just notes that the motion to dismiss (response from the District Attorney asking for dismissal of the suit) states that since no State of Arizona Department of Health Services employee has actually been threatened with federal prosecution, the U.S. asserts that there’s no basis for the suit. In short, no “case or controversy” exists, as I’ve blogged in prior posts, before the federal court.
U.S. Attorney Replies to State Lawsuit
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About the Author: Michael Widener
Mike Widener is Of Counsel to the Phoenix law firm Bonnett, Fairbourn, Friedman & Balint, P.C. where he formerly was a shareholder and Vice President. For the past decade, Mike's been a Zoning Adjustment Hearing Officer for the City of Phoenix . Mike's investment company owns property in Arizona, Florida and Tennessee. Mike's practice specialties include commercial leasing, financing of realty developments, and from-the-ground-up counseling in the land development process. His articles appear on the Social Science Research Network Website, www.ssrn.com and ORCID.