AMERICAN SMELTING & REF. v. ARIZ. AIR POL. C.H. BD.

No. 12253-PR.

113 Ariz. 243 (1976)

550 P.2d 621

AMERICAN SMELTING AND REFINING COMPANY and Hayden Smelter, Appellant, v. ARIZONA AIR POLLUTION CONTROL HEARING BOARD, Division of Air Pollution Control of the State Department of Health and Arthur A. Aymar, Director, Appellees.

Supreme Court of Arizona, In Banc.

Rehearing Denied July 13, 1976.


Attorney(s) appearing for the Case

Evans, Kitchel & Jenckes, P.C. by Harold J. Bliss, Jr., Phoenix, for appellant.

Gary K. Nelson, Former Atty. Gen., Bruce E. Babbitt, Atty. Gen. by Patrick M. Murphy, Asst. Atty. Gen., Phoenix, for appellees.


GORDON, Justice:

Appellant, American Smelting and Refining Company (hereinafter referred to as ASARCO) brought this suit for judicial review of the decision of the Arizona Air Pollution Control Hearing Board (hereinafter referred to as the Board). From the order of the Superior Court of Maricopa County granting the Board's motion to dismiss ASARCO's complaint on the grounds that the issues were moot ASAR CO appealed. The Court of Appeals, Division One, reversed the...

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