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FACILITEC, INC. v. HIBBS

No. 1 CA-CV 01-0139.

59 P.3d 803 (2002)

204 Ariz. 39

FACILITEC, INC., Plaintiff-Appellee, v. J. Elliot HIBBS, in his capacity as Director of the Department of Administration for the State of Arizona, Defendant-Appellant.

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

As Corrected November 29, 2002.

Attorney(s) appearing for the Case

Janet Napolitano, Attorney General by Charles A. Grube, Assistant Attorney General, Phoenix, Attorneys for Defendant-Appellant.

Fennemore Craig by Timothy Berg and Keith Hendricks and Jennifer Prendiville, Phoenix, Attorneys for Plaintiff-Appellee.

OPINION

NOYES, Judge.

¶ 1 The question is whether the Director of the Arizona Department of Administration ("ADOA") can delegate to his Deputy Director matters involving the exercise of judgment and discretion. Concluding that the answer is "Yes," we reverse and remand with directions to grant partial summary judgment to ADOA. Our appellate jurisdiction is pursuant to Arizona Revised Statutes ("A.R.S.") section 12-2101(B) (1994).

I.

...

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