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1996 Arizona Attorney General Reports and Opinions 1 (1996)

handle is hein.sag/sagaz0020 and id is 1 raw text is: STATE OF ARIZONA OFFICE OF THE ATTORNEY GENERAL GRANT WOOos MAIN PHONE: 542-5025 ATTORNEY GENERAL 1275 WEST WASHINGTON, PHOENIX 85007-2926 TELECOPIEA : 542-4085 January 16, 1996 The Honorable Robert Updike Arizona House of Representatives State Capitol Complex 1700 West Washington Phoenix, AZ 85007 Re: 196-001 (R95-024) Dear Representative Updike: This letter responds to your request for an opinion regarding whether the bonding statutes governing school district general obligation bonds permit school districts to use capital appreciation bonds. We conclude that Arizona school districts have the authority to use capital appreciation bonds (CABs) to refund outstanding school improvement bonds in advance of their maturity date.' 'Your opinion request also asked another question, about how to calculate the amount of indebtedness CABs create for the purpose of determining compliance with the constitutional debt limit, but that question is the subject of active litigation (Williams v. Creighton Elementary School District, Maricopa County Superior Court No. CV-95-17924). This Office has long had a policy not to issue opinions on matters in litigation. See, e.g., Ariz. Att'y Gen. Op. Nos. 187-010 (we must follow our long-standing policy of declining to issue formal opinions on questions that will be resolved in litigation); 181-137 (it is our policy not to render an opinion on a matter that may be judicially determined); 179-206 (the policy of this office [is] not to comment on questions that are in litigation); 178-83 (we have long hewed to the policy of not answering issues that are in litigation). Accordingly, we decline to issue an opinion on this second question.