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STAMBAUGH v. KILLIAN

No. CV-16-0217-PR.

398 P.3d 574 (2017)

David STAMBAUGH, Plaintiff/Appellant, v. Mark KILLIAN, acting in his capacity as Director of the Arizona Department of Agriculture; Arizona Department of Agriculture, an agency of the State of Arizona; Suzette Taylor, acting in her capacity as State Brand Clerk at the Arizona Department of Agriculture; State of Arizona; and Eureka Springs Cattle Co., LLC, an Arizona limited liability company and Real Party in Interest, Defendants/Appellees.

Supreme Court of Arizona.

Filed August 3, 2017.

Attorney(s) appearing for the Case

Paul R. Orme , Mark A. McGinnis (argued), R. Jeffrey Heilman , Salmon Lewis & Weldon, PLC, Phoenix, Attorneys for David Stambaugh.

Mark Brnovich , Arizona Attorney General, Kathleen P. Sweeney , Senior Appellate Counsel, Christopher William McCormack (argued), Assistant Attorney General, Phoenix, Attorneys for Mark Killian, the Arizona Department of Agriculture, Suzette Taylor, and the State of Arizona.

JUSTICE BRUTINEL authored the opinion of the Court, in which CHIEF JUSTICE BALES, VICE CHIEF JUSTICE PELANDER, JUSTICES TIMMER, BOLICK, and GOULD, and JUDGE PETERSON joined. JUSTICE BOLICK filed a concurring opinion.

¶ 1 Arizona Revised Statute § 3-1261(B) provides that no two brands of the same design or figure shall be adopted or recorded. Nonetheless, the Arizona Department of Agriculture ("Department") allowed Eureka Springs to record a "bar seven" brand (—...

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