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ARIZONA PUB. SERV. v. TOWN OF PARADISE VALLEY

1 CA-CIV 4228.

125 Ariz. 452 (1979)

610 P.2d 454

ARIZONA PUBLIC SERVICE COMPANY, a public service corporation, Plaintiff-Appellee, v. TOWN OF PARADISE VALLEY, a municipal corporation, Defendant-Appellant, Bud Tims, Ernest Garfield and Jim Weeks as members of and constituting the Arizona Corporation Commission, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied November 2, 1979.

Review Granted November 20, 1979.

Attorney(s) appearing for the Case

Snell & Wilmer by H. William Fox, Phoenix, for plaintiff-appellee.

Roger A. McKee and Douglas A. Jorden, Paradise Valley, for defendant-appellant.

John A. LaSota, Jr., former Atty. Gen. by Charles S. Pierson, Asst. Atty. Gen., Phoenix, for defendants-appellees.

OPINION

JACOBSON, Judge.

This appeal requires a determination of whether the legislature has delegated to municipalities the authority to pass ordinances affecting the replacing, removal and undergrounding of public utility poles.

This litigation was initiated by appellee, Arizona Public Service Company (APS), by filing a special action in Superior Court seeking to declare an ordinance of the appellant, Town of Paradise Valley (Town), invalid and to...

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