Past Cases

Past Cases

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The Goldwater Institute's Scharf-Norton Center for Constitutional Litigation has completed the following cases:

McLaughlin v. Bennett (defending the secret ballot)

Result: After the Arizona Supreme Court rejected the appeal, the Arizona legislature held a special session to make the ballot language comply with the single subject rule. The measure will be on the November ballot as Proposition 113.
Goldwater Institute Complaint Against Tucson Mayor Bob Walkup (public records case)

Result: As soon as the suit was filed Mayor Walkup disclosed all requested documents. The city of Tucson also paid $1,285 in costs and attorney's fees.
Goodman v. City of Tucson (Prop 207 case)

Result: The Goldwater Institute represented Goodman in Pima County Superior Court. We asked for a declaration that the demolition amendments violate Goodman's due process rights, an injunction prohibiting the enforcement of the demolition amendments, and compensation for the diminution of Goodman's property values. A judge ruled in favor of Goodman. The next step in the case is to determine how much the City of Tucson must pay Goodman in damages. The Goldwater Institute is not part of this portion of the case and private attorneys in Tucson are now handling the damages issue.
Basis v. Horne (Charter school autonomy case)

The Goldwater Institute defends five charter schools from the Arizona Department of Education's social studies curriculum alignment mandate.

Result: The case was settled conditionally out of court with the Arizona Department of Education on October 15, 2007. This case may become active again if conditions of settlement are not met.
Preston v. Hallman (Defending small business owners)

The Goldwater Institute sues the city of Tempe after the mayor and city council override Mr. Preston's permit to open a tattoo studio in the city.

Result: After winning the lawsuit but not being awarded damages, the Goldwater Institute appealed to recover damages on behalf of the Prestons. The City of Tempe also appealed the judge's decision. On June 17, 2010, the Prestons and the City of Tempe both agreed to drop their appeals.