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CITY OF SHOW LOW v. OWENS

No. 1 CA-CIV 4996.

127 Ariz. 266 (1980)

619 P.2d 1043

CITY OF SHOW LOW, a municipal corporation, Plaintiff-Appellant, v. Moylen B. OWENS and Joy H. Owens, husband and wife; Arizona Corporation Commission and the Commissioners thereof, Defendants-Appellees.

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

Rehearing Denied October 22, 1980.

Review Denied November 13, 1980.

Attorney(s) appearing for the Case

Platt & Hall, P.C. by Mitchel D. Platt, St. Johns, for plaintiff-appellant.

Robert K. Corbin, Atty. Gen. by Charles S. Pierson, Asst. Atty. Gen., Phoenix, for defendant-appellee, Arizona Corp. Commission and the Com'rs thereof.

Colarich & Natoli by Paul W. Colarich, Jr., Pinetop, for defendants-appellees, Moylen B. Owens and Joy H. Owens.

OPINION

FROEB, Presiding Judge.

This appeal presents a question of statutory interpretation involving superior court review of an order of the Arizona Corporation Commission. At issue is whether the limitation of review set forth in A.R.S. § 40-254 is one of venue or jurisdiction. The trial court held it was jurisdictional.

On March 13, 1978, defendants-appellees Moylen and Joy Owens (referred to hereafter

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