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JENNINGS v. WOODS

No. CV-98-0586-SA.

982 P.2d 274 (1999)

194 Ariz. 314

Renz JENNINGS, Commissioner, Arizona Corporation Commission, Petitioner. v. J. Grant WOODS, Attorney General, State of Arizona, Respondent, Tony West, Arizona Corporation Commissioner Elect, Real Party in Interest.

Supreme Court of Arizona, En Banc.

June 9, 1999.

Attorney(s) appearing for the Case

Anthony B. Ching Phoenix, Attorney for Petitioner.

Janet A. Napolitano, Attorney General, by Thomas I. McClory, Assistant Attorney General, Thomas J. Dennis, Assistant Attorney General, Phoenix, Attorneys for Respondent.

Irvine Van Riper, P.A., by Thomas K. Irvine Ellen M. Van Riper, Phoenix, Attorneys for Real Party in Interest.

Snell & Wilmer, by Steven M. Wheeler, Martha E. Gibbs, Jeffrey B. Guldner, Phoenix, Attorneys for Amicus Curiae Arizona Public Service.

OPINION

JONES, Vice Chief Justice.

¶ 1 This action challenges the eligibility of Tony West to be elected to the office of Commissioner of the Arizona Corporation Commission in the November 3, 1998 general election. The action was filed originally as a Special Action Petition for Writ of Mandamus against the attorney general. Pursuant to petitioner's separate application filed subsequently, we treat the matter as a statutory action in quo warranto...

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