A Maricopa County Superior Court judge on Sept. 9 dismissed a lawsuit brought by Cecilia Moreno that sought to disqualify a Cartwright Elementary District board member under Arizona Revised Statutes relating to simultaneous service by immediate family members (ARS 15-421). The district provided an update at the Oct. 1 governing board meeting.

Attorney Joel Sanis of the firm representing the district said the complaint alleged that immediate family members who had lived in the same household within the previous four years were barred from simultaneous service. The court denied a plaintiff's early request for a preliminary injunction in April and later ruled Moreno was not entitled to wait past election-challenge filing deadlines to raise the claim. Judge Michael Gordon's Sept. 9 ruling found that a statutory challenge under ARS 15-421 should have been brought as an election- or nomination-related challenge rather than the route the plaintiff used.

Sanis told the board the parties have filed an application for final judgment following the summary-judgment ruling and that the judgment is appealable. The board discussed the ruling in public session and several members said the decision clears the way for the board to proceed with business.

Sanis noted the ruling addressed legal remedy and procedural timing; it did not involve findings of fact about whether any statutes were violated, because the judge ruled on legal grounds related to appropriation of the statute and the proper remedy. The district said it would provide no further comment while litigation timelines remain open, and representatives acknowledged the plaintiff may seek appellate review.