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CITY OF PHOENIX v. ADEQ

No. 1 CA-CV 02-0635.

74 P.3d 250 (2003)

205 Ariz. 576

CITY OF PHOENIX, a political subdivision, Plaintiff-Appellant, Cross Appellee, v. The ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY; Jacqueline Schafer, Director of the Arizona Department of Environmental Quality, in her official capacity, Defendant-Appellee, Industrial Waste Utilization, Inc., a California corporation; Innovative Waste Utilization, L.L.C., an Arizona limited liability company; and RMH Properties, L.C., an Arizona limited liability company, Defendants-Appellees, Cross Appellants.

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

July 31, 2003.

Attorney(s) appearing for the Case

Office of the City Attorney, Peter Van Haren, Phoenix City Attorney by Gary Verburg, and Craig J. Reece, Assistant City Attorneys, Phoenix, Attorneys for Plaintiff-Appellant, Cross Appellee, City of Phoenix.

Terry Goddard, Attorney General by James Skardon, Assistant Attorney General, Phoenix, Attorneys for Defendant-Appellee, Arizona Department of Environmental Quality.

Gallagher & Kennedy, P.A. by David J. Armstrong, Christopher S. Welker, Phoenix, Attorneys for Defendant-Appellee, Cross Appellant, Industrial Waste Utilization, Inc. and Innovative Waste Utilization, L.L.C.

Steptoe & Johnson by Karl M. Tilleman, David R. Nelson, Phoenix, Attorneys for Defendant-Appellee, Cross Appellant, RMH Properties, L.L.C.

OPINION

WINTHROP, Judge.

¶ 1 This appeal arises from the trial court's dismissal with prejudice of a first amended complaint filed by the City of Phoenix ("City") challenging a permit issued by the Arizona Department of Environmental Quality ("ADEQ") to Industrial Waste Utilization ("IWU") and RMH Properties ("RMH")1 authorizing IWU and RMH to own and operate a hazardous waste treatment...

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