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JAMES P. PAUL WATER CO. v. ARIZ. CORP. COM'N

No. 1 CA-CIV 5240.

137 Ariz. 431 (1982)

671 P.2d 410

JAMES P. PAUL WATER COMPANY, an Arizona corporation, Plaintiff-Appellant, v. ARIZONA CORPORATION COMMISSION, an Administrative Agency of the State of Arizona, Defendant-Appellee, and Pinnacle Paradise Water Company, Intervenor-Appellee.

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

Rehearing Denied January 5, 1983.

Review Granted February 8, 1983.

Attorney(s) appearing for the Case

Burch & Cracchiolo, P.A. by Arda S. Rutherford, Frank Haze Burch, Phoenix, for plaintiff-appellant.

Robert K. Corbin, Atty. Gen. by Thomas Prose, Lynwood J. Evans, Asst. Attys. Gen., Phoenix, for defendant-appellee.

Wright & Cluff by Lawrence C. Wright, David H. Cluff, Mesa, for intervenor-appellee.

OPINION

JACOBSON, Presiding Judge.

Under what circumstances may the Arizona Corporation Commission delete a portion of the certificated area held by a public service corporation? This is the narrow issue presented by this appeal.

Appellant, the James P. Paul Water Company (Paul) is the holder of a certificate of convenience and necessity to supply domestic water within a certificated area which includes approximately 240 acres situated in the area...

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