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BABE INVESTMENTS v. ARIZONA CORP. COM'N

Nos. 1 CA-CV 95-0499, 1 CA-CV 96-0466.

939 P.2d 425 (1997)

189 Ariz. 147

BABE INVESTMENTS, an Arizona general partnership; Aero Automatic Sprinkler Company, Inc., an Arizona corporation, Plaintiffs-Appellees, v. ARIZONA CORPORATION COMMISSION; Atchison, Topeka and Santa Fe Railway Company, a Delaware corporation, Defendants-Appellants. BABE INVESTMENTS, an Arizona general partnership; Aero Automatic Sprinkler Company Inc., an Arizona corporation, Plaintiffs-Appellees, v. ATCHISON, TOPEKA and SANTA FE RAILWAY COMPANY, a Delaware corporation, Defendant-Appellant.

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

Reconsideration Denied June 18, 1997.

Attorney(s) appearing for the Case

Folk & Associates, P.C. by P. Douglas Folk, Denise H. Troy, Phoenix, for Plaintiffs-Appellees.

Arizona Corporation Commission—Legal Division by Peter Breen, Phoenix, for Defendant-Appellant Arizona Corporation Commission.

Fennemore Craig, P.C. by C. Webb Crockett, Timothy Berg, Theresa Dwyer, Phoenix, for Defendant-Appellant The Atchison, Topeka & Santa Fe Railway Company.

OPINION

TOCI, Judge.

The Arizona Corporation Commission ("Commission") dismissed a complaint filed by Babe Investments ("Babe") and Aero Automatic Sprinkler Company, Inc. ("Aero") against the Atchison, Topeka & Santa Fe Railway Company ("Santa Fe"). The complaint alleged that Santa Fe violated Ariz. Rev.Stat. Ann. ("A.R.S.") section 40-285 by removing a switch and section of railroad track ("siding") without first obtaining Commission approval.

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