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Appeals Court Denies Expedited Appeal Of Schools Chief Suit

Rachel Leingang/Arizona Capitol Times

  The Arizona Court of Appeals has declined an expedited review of a judge's dismissal of Superintendent of Public Instruction Diane Douglas' lawsuit against the state Board of Education.

Douglas attorney Stephen Tully said Tuesday that means she will have to file a normal appeal once Maricopa County Superior Court Judge Patricia Starr issues a final order in the case.

Starr dismissed Douglas' lawsuit seeking an order that Board of Education employers must report to her on July 14. The lawsuit grew out of a turf war between the elected superintendent and the board over who controls its employees.

Tully said in a petition for special action filed last week that Starr wrongly ruled Douglas' suit was a political question or sought an advisory opinion and didn't belong in the courts.