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P & P MEHTA LLC v. JONES

No. 1 CA-SA 05-0183.

122 P.3d 231 (2005)

P & P MEHTA LLC D/B/A MELROSE GAS & FOOD MART, Heeten Mehta as Agent, Petitioner, v. The Honorable Michael D. JONES, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, Arizona Department of Liquor Licenses and Control and its Board; City of Phoenix, Real Parties in Interest.

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

November 10, 2005.

Attorney(s) appearing for the Case

Schelstraete Law Office By Peter H. Schelstraete, Tempe, Attorneys for Petitioner.

Gary Verburg, Phoenix City Attorney, By Glen S. Hammond, Assistant City Prosecutor, Phoenix, Attorneys for City of Phoenix.

Office of the Arizona Attorney General, By Blair C. Driggs, Christopher Munns, Phoenix, Attorneys for Arizona Department of Liquor Licenses and Control.

OPINION

SULT, Judge.

¶ 1 Arizona Revised Statutes ("A.R.S.") § 12-911(A)(1) (2003) permits the superior court, while a judicial review proceeding is pending, to stay the implementation of a state administrative agency decision when it finds "good cause" to do so. What the legislature meant when it created this standard is the subject of this opinion.

¶ 2 We are asked by the City of Phoenix, intervenor in this liquor license proceeding...

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