first two factors (Arizona) · Go Syfert
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first two factors in Arizona

8 Arizona opinions name it 2 courts 2006–2025 3 in the last five years

The cases below were cited by Arizona courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
Wennerstrom v. City of Mesagreen
ariz · 1991 · cited in 1 Arizona opinions naming this issue, 2025–2025
1 sentence

2025The court explained that in deciding whether an initiative is legislative, one must consider “whether the proposition is (1) permanent or temporary, (2) of general or specific, limited application, and (3) a matter of policy creation versus a form of policy implementation.” Id. at *3 ¶ 13 (citing Wennerstrom v. City of Mesa, 169 Ariz. 485, 489 (1991)). ¶6 As for the first two factors, the court concluded that the Initiative was “of ‘specific (limited) application’” because, while it was not subject to any temporal limitation, the Initiative only concerned a 1.4-mile portion of a 3.4-mile road.

11
Safeway Ins. Co., Inc. v. Guerrerogreen
ariz · 2005 · cited in 1 Arizona opinions naming this issue, 2021–2021
1 sentence

2021Guerrero, 210 Ariz. at 12, ¶ 22 .

11
Melissa W. v. Department of Child Safetygreen
arizctapp · 2015 · cited in 1 Arizona opinions naming this issue, 2017–2017
1 sentence

2017See id.

11
Gust, Rosenfeld & Henderson v. Prudential Insurance Co. of Americagreen
ariz · 1995 · cited in 1 Arizona opinions naming this issue, 2016–2016
1 sentence

2016Co. of Am., 182 Ariz. 586, 588 (1995).

11
Lowing v. Allstate Insurancegreen
ariz · 1993 · cited in 1 Arizona opinions naming this issue, 2008–2008
1 sentence

2008See id.

11
Bidart Brothers, a California Corporation v. The California Apple Commissiongreen
ca9 · 1996 · cited in 1 Arizona opinions naming this issue, 2006–2006
1 sentence

2006See Jachi-mek, 205 Ariz. 632, ¶¶ 16-17 , 74 P.3d at 948 (that assessment was only imposed on pawnbrokers suggested it was fee rather than tax). ¶ 18 And, even if the first two factors are not dispositive, “courts examining whether an assessment is a tax ‘have tended ... to emphasize the revenue’s ultimate use.’ ” Bidart Bros., 73 F.3d at 931 , quoting San Juan Cellular Tel.

11
Jachimek v. Stategreen
arizctapp · 2003 · cited in 1 Arizona opinions naming this issue, 2006–2006
2 sentences

2006See Jachi-mek, 205 Ariz. 632, ¶¶ 16-17 , 74 P.3d at 948 (that assessment was only imposed on pawnbrokers suggested it was fee rather than tax). ¶ 18 And, even if the first two factors are not dispositive, “courts examining whether an assessment is a tax ‘have tended ... to emphasize the revenue’s ultimate use.’ ” Bidart Bros., 73 F.3d at 931 , quoting San Juan Cellular Tel.

2006See Jachi-mek, 205 Ariz. 632, ¶¶ 16-17 , 74 P.3d at 948 (that assessment was only imposed on pawnbrokers suggested it was fee rather than tax). ¶ 18 And, even if the first two factors are not dispositive, “courts examining whether an assessment is a tax ‘have tended ... to emphasize the revenue’s ultimate use.’ ” Bidart Bros., 73 F.3d at 931 , quoting San Juan Cellular Tel.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Arizona. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Brown v. Illinois green
scotus · 1975
1 sentence

2023Brown, 422 U.S. at 603-04 . ¶16 Although three months had passed from the time the detective collected Scott’s DNA pursuant to an unlawfully obtained warrant, the record shows that very little, if any, time elapsed between the detective’s exploitation of the resulting DNA evidence and Scott’s incriminating statement.

12023–2023
United States v. Cordae Black green
ca9 · 2013
1 sentence

2015But, even though the officers lacked any direct knowledge or suspicion of Williamson, they initiated their sting operation only after the informant told them “there was a home invasion crew lined up to go to work.” ¶ 19 Thus, unlike the situation in Black , the officers in this case did not “recruit [the defendants] from a more generalized population.” 733 F.3d at 307 .

12015–2015

Statutes the citing opinions construe

AZ § Ariz. Rev. Stat. § 12-341.01 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

KS 113 (2004–2025) IL 82 (1981–2026) TX 77 (1972–2025) CA 65 (1980–2026) NM 40 (1988–2025) WA 38 (1973–2026) NY 26 (1979–2025) PA 26 (1973–2025) MI 20 (1987–2025) OH 19 (1981–2025) OR 18 (1981–2025) WI 16 (1975–2025) NJ 15 (1986–2025) UT 14 (1993–2022) GA 14 (2002–2026) FL 12 (1936–2015) MS 12 (1991–2022) MN 11 (1986–2016) IA 11 (1996–2024) NV 10 (2017–2022) MD 9 (1979–2025) IN 9 (1992–2019) MA 8 (2001–2026) MO 8 (1989–2023) AZ 8 (2006–2025) AL 6 (2005–2015) MT 6 (1999–2026) NC 6 (1998–2024) CT 6 (1995–2012) LA 6 (1996–2026) WY 5 (1992–2025) HI 5 (2009–2026) ND 5 (2004–2019) TN 5 (1999–2016) NH 5 (2006–2022) WV 4 (2005–2020) VT 4 (2009–2025) VA 4 (2005–2022) CO 3 (1997–2021) SD 3 (1999–2025) DE 3 (2018–2023) NE 3 (1998–2021) SC 2 (2025–2025) DC 2 (1997–2009) ID 2 (2020–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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