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DUKE ENERGY ARLINGTON VALLEY LLC. v. DEPT. OF REV.

No. 1 CA-TX 07-0009.

193 P.3d 330 (2008)

DUKE ENERGY ARLINGTON VALLEY, LLC, a Delaware limited liability company; Griffith Energy, LLC, a Delaware limited liability company; Mesquite Power, LLC, a Delaware limited liability company; New Harquahala Generating Company, LLC, a Delaware limited liability company, Plaintiffs/Appellants, v. ARIZONA DEPARTMENT OF REVENUE, Defendant/Appellee.

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

July 15, 2008.

Attorney(s) appearing for the Case

Mooney Wright & Moore PLLC By Paul J. Mooney, Jim L. Wright, Mesa, Attorneys for Plaintiffs/Appellants.

Terry Goddard, Attorney General By Frank Boucek, III, Kenneth J. Love, Michael F. Kempner, Assistant Attorneys General, Phoenix, Attorneys for Defendant/Appellee.

OPINION

BARKER, Judge.

¶ 1 Duke Energy Arlington Valley, Griffith Energy, Mesquite Power, and New Harquahala Generating Company ("Taxpayers") appeal from the trial court's grant of summary judgment to the Arizona Department of Revenue ("Department"). We affirm for the reasons that follow.

I.

¶ 2 The Taxpayers operate electric generation facilities in Arizona. The Department issued final...

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