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SOUTHWESTERN PAINT v. DEPT. OF ENV. QUALITY

No. 2 CA-CV 97-0072.

951 P.2d 1232 (1997)

191 Ariz. 40

SOUTHWESTERN PAINT & VARNISH CO., Plaintiff/Appellant, v. ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY, Defendant/Appellee.

Court of Appeals of Arizona, Division 2, Department A.

Redesignated as Opinion and Publication Ordered January 16, 1998.

Attorney(s) appearing for the Case

Lenore Tsakanikas, Tucson, for Plaintiff/Appellant.

Grant Woods, Attorney General by Paul J. McMurdie and Marc Steadman, Phoenix, for Defendant/Appellee.

OPINION

BRAMMER, Judge.

Southwestern Paint & Varnish Company (SW) appeals from the trial court's order granting Arizona Department of Environmental Quality's (ADEQ) motion to dismiss for failure to exhaust administrative remedies. The trial court dismissed the action based on ADEQ's argument that because SW did not apply to the administrative agency for a review or rehearing of the final administrative decision, it failed to exhaust the available...

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