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ASHTON COMPANY, INC. v. JACOBSON

No. 2 CA-CIV 1384.

19 Ariz. App. 371 (1973)

507 P.2d 983

ASHTON COMPANY, INC., Petitioner, v. The Honorable Joe JACOBSON, Judge, Pima County Superior Court, Respondent; STATE of Arizona ex rel. Dennis DeCONCINI, Pima County Attorney, Real Party In Interest.

Court of Appeals of Arizona, Division 2.

Rehearing Denied May 2, 1973.

Review Denied June 5, 1973.

Attorney(s) appearing for the Case

Robertson, Molloy, Fickett & Jones, P.C., by Michael J. Meehan, Tucson, for petitioner.

Dennis DeConcini, Pima County Atty., by A. Bates Butler, III, Deputy County Atty., Tucson, for real party in interest.

HOWARD, Judge.

Does the County Attorney of Pima County have authority to institute a criminal prosecution for alleged violations of provisions of the Air Pollution Control Act concerning portable machinery without prior authorization or direction by the State Division of Air Pollution Control? That is the question raised in this special action by petitioner Ashton, defendant in a criminal proceeding below. Since appellate intervention is appropriate to prevent a lower...

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