![]() ¶ 3 In 1998, Hohokam filed a declaratory suit against APS, claiming the right to serve electricity to customers located outside district boundaries and seeking an injunction to prevent interference from APS. This dispute arose because Hohokam began offering competing electrical service outside district boundaries to persons located in the APS service territory. Arizona Public Service Company (“APS”) sells electricity in areas covered by a certificate of public convenience and necessity issued by the Arizona Corporation Commission. In 1997, Hohokam began buying electric power on the wholesale market and reselling it at retail. ¶ 2 Hohokam Irrigation and Drainage District (“Hohokam”) was formed in Pinal County in 1972. We have jurisdiction pursuant to Article 6, Section 5(3), of the Arizona Constitution. Because we answer in the affirmative, we vacate the decision of the court of appeals and reinstate the trial court's grant of summary judgment in favor of the Hohokam Irrigation and Drainage District. ¶ 1 We granted review to determine whether irrigation districts have authority, under the constitution and statutes of Arizona, to provide electricity to customers outside established district boundaries. Hogan, Phoenix, Attorneys for Amicus Curiae Arizona Consumers Council. Arizona Center for Law in the Public Interest by Timothy M. Segal, Phoenix, Attorneys for Amicus Curiae Cortaro Marana Irrigation District. Orme, Mayer, Attorneys for Pinal County Intervenors Central Arizona Irrigation and Drainage District, et al. Lynch, Phoenix, and Law Office of Paul R. Wene, Phoenix, Attorneys for Maricopa County Intervenors Harquahala Power District, et al. Hurwitz, Warren Stapleton, Phoenix, Attorneys for the Respondent, Arizona Public Service Company. Bagatell, Phoenix, Attorneys for the Petitioner, Hohokam Irrigation and Drainage District, Pinal County, Arizona. Decided: February 28, 2003īrown & Bain, P.A. Arizona Public Service Company, an Arizona public service corporation, Defendant/Appellant. 8., a political subdivision of the State of Arizona, Intervenors/Appellees, v. 7, a political subdivision of the State of Arizona and Electrical District No. The Harquahala Power District, a political subdivision of the State of Arizona Aguila Irrigation District, a political subdivision of the State of Arizona McMullen Valley Water Conservation and Drainage District, a political subdivision of the State of Arizona Buckeye Water Conservation and Drainage District, a political subdivision of the State of Arizona Roosevelt Irrigation District, a political subdivision of the State of Arizona Electrical District No. 5, Pinal County, Arizona, a political subdivision of the State of Arizona and Maricopa-Stanfield Irrigation & Drainage District, Pinal County, Arizona, a political subdivision of the State of Arizona, Intervenors/Appellees, v. 4, Pinal County, Arizona, a political subdivision of the State of Arizona Electrical District No. 3, Pinal County, Arizona, a political subdivision of the State of Arizona Electrical District No. One, Pinal County, Arizona, a political subdivision of the State of Arizona Electrical District No. ![]() ARIZONA PUBLIC SERVICE COMPANY, an Arizona public service corporation, Defendant/Counterclaimant/Appellant.Ĭentral Arizona Irrigation and Drainage District, a political subdivision of the State of Arizona Electrical District No. ![]() ![]() HOHOKAM IRRIGATION AND DRAINAGE DISTRICT, Pinal County, Arizona, a political subdivision of the State of Arizona, Plaintiff/Counterdefendant/Appellee, v. ![]()
0 Comments
Leave a Reply. |