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D.C. SPEER CONST. v. ARIZ. DEPT. OF TRANSP.

No. 1 CA-CIV 4670.

124 Ariz. 208 (1979)

603 P.2d 100

D.C. SPEER CONSTRUCTION CO., an Arizona Corporation, Appellant, v. ARIZONA DEPARTMENT OF TRANSPORTATION and J.C. Compton Company, an Oregon Corporation, Appellees.

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

November 1, 1979.

Attorney(s) appearing for the Case

Fennemore, Craig, von Ammon & Udall by Calvin H. Udall, C. Owen Paepke, Phoenix, for appellant.

Robert K. Corbin, Atty. Gen. by Albert Morgan, Asst. Atty.

Treon, Warnicke, Dann & Roush, P.A. by Charles D. Roush, Douglas G. Martin, Phoenix, for appellee, J.C. Compton Co.

OPINION

EUBANK, Judge.

This appeal involves a dispute between two highway contractors questioning whether one, Compton, was entitled to receive the 5% statutory preference provided by A.R.S. § 34-241, infra. Specifically, the issue is one of statutory interpretation involving the meaning of the phrase, "who have paid state and county taxes within the state for not less than two successive years" (A.R.S. § 34-241(B), infra), and whether...

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