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BURNS v. ARIZONA PUBLIC SERVICE CO.

No. CV-21-0080-PR.

517 P.3d 624 (2022)

Robert BURNS, Plaintiff/Appellant, v. ARIZONA PUBLIC SERVICE COMPANY, et al., Defendants/Appellees.

Supreme Court of Arizona.

Filed September 27, 2022.

Attorney(s) appearing for the Case

William A. Richards (argued), Richards & Moskowitz PLC, Phoenix, Attorneys for Robert Burns.

Mary R. O'Grady , Joseph N. Roth , Matthew J. Stanford , Osborn Maledon, P.A., Phoenix; Matthew E. Price (argued), Jenner & Block LLP, Washington, DC, Attorneys for Arizona Public Service Company, et al.

Edward F. Novak , Jonathan G. Brinson (argued), Polsinelli PC, Phoenix, Attorneys for Arizona Corporation Commission, et al.

Sarah L. Barnes , Broening Oberg Woods & Wilson, P.C., Phoenix, Attorneys for (Former) Commissioner Boyd Dunn.

JUSTICE BOLICK authored the Opinion of the Court, in which JUSTICES BEENE, MONTGOMERY, and KING joined. VICE CHIEF JUSTICE TIMMER dissented.

¶1 In this case we hold that the Arizona Corporation Commission ("Commission") acting by a majority of its commissioners may not prevent an individual commissioner from exercising investigatory powers pursuant to article 15, section 4 of the Arizona Constitution; and that a commissioner aggrieved by such...

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