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TALLEY v. PARADISE MEMORIAL GARDENS, INC.

No. 10320.

107 Ariz. 585 (1971)

491 P.2d 439

J. Fred TALLEY, Real Estate Commissioner of the State of Arizona; State Real Estate Department of the State of Arizona, Appellants, v. PARADISE MEMORIAL GARDENS, INC., a proposed Arizona corporation, et al., Appellees.

Supreme Court of Arizona, In Division.

December 9, 1971.

Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., James W. Woodcock, Asst. Atty. Gen., Phoenix, for appellants.

Beer & Kalyna, by Paul Beer, Carson, Messinger, Elliott, Laughlin & Ragan by Philip W. Messinger, Phoenix, for appellees.

LOCKWOOD, Justice:

This case comes before us under the provisions of A.R.S. § 12-913, providing for appeal from review of an administrative decision. The questions raised are the proper scope of review under the Administrative Review Act (A.R.S. § 12-901 et seq.) and whether the Regulation of Cemeteries Act (A.R.S. § 32-2194 et seq.) is unconstitutional. Appellants are J. Fred Talley, Real Estate Commissioner and the State Real Estate Department, referred...

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