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STATE EX REL. FOX v. NEW PHOENIX AUTO

Nos. 1 CA-CV 94-0253, 1 CA-CV 94-0323.

185 Ariz. 302 (1996)

916 P.2d 492

STATE of Arizona, ex rel. Edward Z. FOX, Director, Arizona Department of Environmental Quality, and Grant Woods, Arizona Attorney General, Plaintiffs-Appellees, Cross Appellants, v. The NEW PHOENIX AUTO AUCTION, LTD., an Arizona corporation, Defendant-Appellant, Cross Appellee.

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

April 9, 1996.

Attorney(s) appearing for the Case

Grant Woods, Attorney General by Matthew P. Millea, Assistant Attorney General, Phoenix, for Plaintiffs-Appellees, Cross Appellants.

Mohr, Hackett, Pederson, Blakley, Randolph & Haga, P.C. by Arthur W. Pederson, Nathaniel B. Rose, Daniel W. McCarthy, Phoenix, for Defendant-Appellant, Cross Appellee.

OPINION

SULT, Judge.

BACKGROUND

Arizona Revised Statutes Annotated ("A.R.S.") Title 49, Chapter 3, Article 5 sets forth requirements for emissions-related inspections of motor vehicles. Generally speaking, in a vehicle emissions control area such as Maricopa County, a licensed1 dealer may not deliver a vehicle to a retail customer until it passes an emissions and tampering inspection. A.R.S. &...

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