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CARLSON v. ARIZONA STATE PERSONNEL BD.

No. 1 CA-CV 06-0110.

153 P.3d 1055 (2007)

Kenyon CARLSON, Plaintiff/Appellant, v. The ARIZONA STATE PERSONNEL BOARD; Gwendolyn Hatcher, Chairman; Steve Sepnieski, Vice-Chairman; Jeff Grant, Board Member; Simon Deltran, Board Member, in their official capacities; The Arizona Department of Environmental Quality; Steve Owens, in his official capacity as Director of Department of Environmental Quality, Defendants/Appellees.

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

March 6, 2007.

Attorney(s) appearing for the Case

Jeffrey F. Arbetman, Phoenix, Attorney for Plaintiff-Appellant.

Ridenour, Hienton, Kelhoffer, Lewis & Garth, PLLC By Jeffrey A. Bernick, Michele Molinario, Phoenix, Attorneys for Defendant-Appellee State Personnel Board.

Terry Goddard, Attorney General By Michael M. Walker, Assistant Attorney General, Phoenix, Attorney for Defendant-Appellee ADEQ.

OPINION

HALL, Presiding Judge.

¶1 Kenyon Carlson appeals from the superior court's judgment affirming the decision of the Arizona State Personnel Board (the Board) to uphold his dismissal from employment by the Arizona Department of Environmental Quality (ADEQ). Because the Board upheld Carlson's termination for reasons not asserted by ADEQ in its notice of dismissal, we vacate the judgment and remand for further proceedings.

FACTUAL AND PROCEDURAL...

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