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· 1/25/2010

Turken v. Gordon

Citations

  • 224 P.3d 158
  • 223 Ariz. 342
  • 574 Ariz. Adv. Rep. 17
  • 2010 Ariz. LEXIS 7

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that, in the context of the constitution’s gift clause, a “forbidden subsidy” is demonstrated by the difference between a public expenditure and what is received in return
  • stating that to comply with the Gift Clause, a governmental entity must receive consideration in return for expenditure that “is not so inequitable and unreasonable that it amounts to an abuse of discretion”
  • analyzing the “Gift Clause” under article 9, section 7 of the Arizona Constitution which forbids corporate subsides
  • prospective application is appropriate when a ruling overturns settled precedent, establishes a new legal principle, or would produce inequitable results if retroactively applied
  • “The term consideration has a settled meaning in contract law. It is a performance or return promise that is bargained for in exchange for the promise of the other party.”
  • describing commonalities between Gift and Taxation Clauses

Source: CourtListener parenthetical corpus (CC0).

Judges: Hurwitz, Berch, Ryan, Bales, Pelander

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.