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MINOR v. COCHISE COUNTY

No. 2 CA-CIV 3097.

125 Ariz. 174 (1979)

608 P.2d 313

Warren MINOR et al., Petitioners/Appellants, v. COCHISE COUNTY, Arizona, a body politic, and Kerley Chemical Corporation, Real Party in Interest, Respondents/Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied July 18, 1979.

Review Granted September 18, 1979.

Attorney(s) appearing for the Case

Schorr, Leonard & Felker, P.C. by Franklin O. Eldridge, Tucson, for petitioners/appellants.

Beverly H. Jenney, Cochise County Atty. by Thomas E. Dugal, Deputy County Atty., for respondent/appellee Cochise County.

Chandler, Tullar, Udall & Redhair by Robert E. Lundquist, Tucson, for respondent/appellee Kerley Chemical Corp.

OPINION

HATHAWAY, Judge.

This appeal seeks review of a superior court order dismissing appellants' petition for special action for the reason that they had failed to exhaust their administrative remedies. Appellants contend that their special action fell within one of the exceptions to the rule requiring exhaustion of administrative remedies.

Appellee Kerley Chemical Corporation (Kerley) leased a parcel of property located on a railroad siding from...

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