CITY OF BISBEE v. ARIZONA WATER CO.

No. 2 CA-CV 2006-0106.

153 P.3d 389 (2007)

CITY OF BISBEE, a municipal corporation of the State of Arizona, Plaintiff/Appellee, v. ARIZONA WATER COMPANY, an Arizona corporation, Defendant/Appellant.

Court of Appeals of Arizona, Division 2, Department A.

February 8, 2007.


Attorney(s) appearing for the Case

John A. MacKinnon, Bisbee City Attorney, Bisbee, Attorney for Plaintiff/Appellee.

Bryan Cave, LLP By Steven A. Hirsch, Mitchell J. Klein, Rodney W. Ott, Phoenix, Attorneys for Defendant/Appellant.


OPINION

PELANDER, Chief Judge.

¶ 1 In this quo warranto and declaratory relief action, the trial court granted partial summary judgment in favor of appellee, the City of Bisbee, and against appellant, the Arizona Water Company ("AWC"). AWC appeals from the ensuing judgment, entered pursuant to Rules 54(b) and 56, Ariz. R. Civ. P., 16 A.R.S., Pt. 2. On appeal, AWC argues, inter alia, the Arizona Corporation Commission had exclusive jurisdiction...

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