PEOPLE EX REL. BABBITT v. GREEN ACRES TRUST

No. 1 CA-CIV 4183.

127 Ariz. 160 (1980)

618 P.2d 1086

PEOPLE of the State of Arizona ex rel. Bruce E. BABBITT, Attorney General, Plaintiff/Appellant, v. GREEN ACRES TRUST, an Arizona Corporation, Green Acres Memorial Gardens, Inc., an Arizona Corporation, Lisle Hawkins, Ruth Hawkins, David Hawkins, Philip Hawkins, William Hawkins, Kenneth E. Pritchard, Ed Steklenski, Wayne S. Womer, and Tom Hardwick, individually and as owners, stockholders, directors, officers, agents and employees of the corporate defendants, Defendants/Appellees.

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

Rehearing Denied September 24, 1980.

Review Denied October 15, 1980.


Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen., by Anthony B. Ching, Chief Counsel, Economic Protection Division and Deborah S. Oseran, Kenneth Sundlof, Asst. Attys. Gen., Phoenix, for appellant.

Gorodezky, Marron & Diamond by John B. Marron, Phoenix, for appellees.


OPINION

CONTRERAS, Judge.

This appeal presents the question of whether the attorney general has standing under our consumer fraud legislation to bring an action for injunctive relief, civil penalties and restitution against a party engaging in conduct that is subject to control by an administrative body. It is our opinion that except where the legislature has by particularized and comprehensive legislation entrusted the protection of the consumer to a specific...

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