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

No. 16383-PR.

137 Ariz. 425 (1983)

671 P.2d 404

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.

Supreme Court of Arizona, In Banc.

October 13, 1983.

Attorney(s) appearing for the Case

Burch & Cracchiolo, P.A. by Arda S. Rutherford, Frank Haze Burch, Edwin C. Bull, 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.

GORDON, Vice Chief Justice:

The question before the Court is as follows: when may the Arizona Corporation Commission ("Commission") delete a portion of the area encompassed in a water company's certificate of convenience and necessity? Though we approve the Court of Appeals' disposition of this case, we granted review in order to examine and settle the law in this state on this question.

The issue arises in the following context. In 1969 or 1970, the Commission...

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