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ARIZ. DEPT. OF AERO. v. FRED HARVEY TRANSP.

No. 1 CA-CIV 2923.

114 Ariz. 401 (1977)

561 P.2d 322

ARIZONA DEPARTMENT OF AERONAUTICS, a department of the State of Arizona, James Vercellino, Director, Thomas H. Childers, Ruth Reinhold, Darwin Grant, Robert J. MacMullin, Al Crawford, Jr., Robert J. Brooks and John S. Houston, as members of the Aeronautics Board, Appellants, v. FRED HARVEY TRANSPORTATION COMPANY, and Arizona Corporation, Appellee.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied February 24, 1977.

Review Denied March 15, 1977.

Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen., by James Michael Low, Asst. Atty. Gen., Phoenix, for appellants.

Fennemore, Craig, von Ammon & Udall, P.C., by Stephen M. Savage, Kent A. Blake, Phoenix, for appellee.

OPINION

JACOBSON, Judge.

The only issue which needs to be reached in this appeal is whether a "fee" proposed to be charged to a commercial user of the Grand Canyon Airport by the Arizona Department of Aeronautics1 falls within the confines of the Arizona Administrative Procedure Act.

Appellee, Fred Harvey Transportation Company (FHT) brought an action against the appellant, Arizona Department of Aeronautics, its Director...

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