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COCONINO COUNTY v. ANTCO, INC.

No. 1 CA-CV 05-0674.

148 P.3d 1155 (2006)

COCONINO COUNTY, Arizona, a political subdivision of the State of Arizona, Plaintiff-Counterdefendant-Appellant-Cross-Appellee, v. ANTCO, INC., an Arizona corporation dba Eden Organics, Defendant-Counterclaimant-Appellee-Cross-Appellant, Richard Twidwell and Chris Twidwell, Defendants-Appellees.

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

December 19, 2006.

Attorney(s) appearing for the Case

Terry Hance, Coconino County Attorney, by Timothy G. McNeel, Deputy County Attorney, Flagstaff, Attorneys for Appellant Coconino County.

Thaddeus G. Baker, Jr., Flagstaff, Attorney for Appellees.

OPINION

WEISBERG, Judge.

¶ 1 Coconino County appeals from the trial court's dismissal of its complaint against Antco, Inc. and its owners, Richard and Chris Twidwell (collectively, "Antco"). The dismissal was premised on the doctrine of primary jurisdiction. Antco cross-appeals, requesting that we vacate the trial court's dismissal of its counterclaim for declaratory relief. For the reasons set forth below, we reverse both dismissals.

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