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BERRY v. ARIZONA STATE LAND DEPT.

No. 15658.

133 Ariz. 325 (1982)

651 P.2d 853

G.P. BERRY, Plaintiff-Appellee, v. The ARIZONA STATE LAND DEPARTMENT and the Commissioner thereof, Defendants-Appellants.

Supreme Court of Arizona, In Division.

September 9, 1982.

Attorney(s) appearing for the Case

Engdahl, Jerman & Estep by Dean Estep, Phoenix, for plaintiff-appellee.

Robert K. Corbin, Atty. Gen. by Susan Bliss, Charleen H. Greer, Asst. Attys. Gen., Phoenix, for defendants-appellants.

HOLOHAN, Chief Justice.

This case involves the scope of review in an appeal de novo from a decision of the state land commission to the superior court. We assumed jurisdiction pursuant to Rule 19(e), Arizona Rules of Civil Appellate Procedure, 17A A.R.S.

This action arose out of a dispute between the Arizona State Land Department (hereinafter, the State) and a lessee of state lands. During 1969, Appellee G.P. Berry (hereinafter, Berry) obtained a commercial...

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