There is no doubt that each side believes firmly in its position with great conviction. The fact that Plaintiff failed to meet the burden of clear and convincing evidence required for each clement of AR.S. § 16-672 does not equate to a finding that her claims were, or were not, groundless and presented in bad faith. Any legal decision must be based on the law and facts rather than subjective beliefs or partisan opinions, no matter how strongly held. The Court has heard all the evidence and arguments. The Court has carefully examined and thought through the facts and evidence before it in the motions and at the hearing.(via AZ Law)
THE COURT FINDS that Plaintiff’s claims presented in this litigation were not groundless and brought in bad faith under Arizona Revised Statutes § 12-349(A)(1). Therefore,
IT IS ORDERED denying Defendants’ Motions For Attorney Fees And Sanctions.
Lake has said she will appeal the rejection of her election contest.
UPDATE: Lake has appealed.