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SAVE OUR VALLEY ASS'N v. ARIZONA CORP. COMM'N

No. 1 CA-CV 06-0248.

165 P.3d 194 (2007)

SAVE OUR VALLEY ASSOCIATION, a committee of homeowners and landowners; Frank Gagliardi, an individual, Chairman of Save Our Valley Association and an affected homeowner/landowner, Plaintiffs/Appellants, v. ARIZONA CORPORATION COMMISSION, Defendant/Appellee, and Salt River Project, Real Party in Interest/Appellee.

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

August 16, 2007.

Attorney(s) appearing for the Case

Law Offices of David William West PC By David W. West, Maricopa, Attorney for Plaintiffs/Appellants.

Arizona Corporation Commission Legal Division By Janet F. Wagner, Linda Fisher, Janice M. Alward, Phoenix, Attorneys for Defendant/Appellee.

Jennings Strouss & Salmon PLC By Kenneth C. Sundlof, Jr., Phoenix, Attorneys for Real Party in Interest/Appellee.

Salt River Project Agricultural Improvement & Power District By Laura F. Raffelli, Phoenix, Attorney for Real Party in Interest/Appellee.

OPINION

BROWN, Judge.

¶ 1 Save Our Valley Association ("SOVA") appeals the superior court's granting of judgment on the pleadings in favor of the Arizona Corporation Commission ("Commission") and Salt River Project ("SRP"). The court determined that SOVA was not entitled to judicial review of the Commission's decision because SOVA did not file an application for rehearing pursuant to Arizona Revised Statutes ("A.R.S.") section 40-253 (2001) prior...

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