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CITY OF SIERRA VISTA v. DIRECTOR, ADEQ

No. 2 CA-CV 98-0181.

988 P.2d 162 (1999)

195 Ariz. 377

CITY OF SIERRA VISTA, a municipal corporation, Plaintiff/Appellee, v. DIRECTOR, ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY, a state agency, Defendant/Appellant.

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

Review Denied October 26, 1999.

Attorney(s) appearing for the Case

Stuart L. Fauver, Sierra Vista, Attorney for Plaintiff/Appellee.

Janet Napolitano, Arizona Attorney General By Nancy Stone Jamison, Phoenix, Attorneys for Defendant/Appellant.

OPINION

BRAMMER, Presiding Judge.

¶ 1 Based on the administrative law judge's (ALJ) recommended decision, the Arizona Department of Environmental Quality (ADEQ) ordered the City of Sierra Vista to pay wastewater treatment facility annual registration fees for the years 1991 through 1995 as prescribed in A.R.S. § 49-242. The trial court vacated ADEQ's order, finding unconstitutional the session law that purports to make the fees required...

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