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KOEPNICK v. ARIZONA STATE LAND DEPT.

No. 1 CA-CV 07-0271.

212 P.3d 62 (2009)

Max KOEPNICK, an individual, Plaintiff/Appellant, v. ARIZONA STATE LAND DEPARTMENT, an agency of the State of Arizona; Mark Winkleman, Arizona State Land Commissioner; Arizona Land Board of Appeals, Defendants/Appellees.

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

February 26, 2009.

Attorney(s) appearing for the Case

Bryan Cave, LLP By Steven A. Hirsch, and Stanley B. Lutz, Phoenix, Attorneys for Plaintiff/Appellant.

Terry Goddard, Arizona Attorney General By Donald J. Baier, Assistant Attorney General, and Theresa M. Craig, Assistant Attorney General, Phoenix, Attorneys for Defendants/Appellees.

Moyes Sellers & Sims Ltd. By Steven L. Wene, Phoenix, Attorneys for Amicus Curiae Arizona Cattle Growers' Association, Arizona Cotton Growers Association, and Arizona Farm Bureau.

Ridenour, Hienton, Kelhoffer & Lewis PLLC By Jeffrey A. Bernick, Phoenix, Attorneys for Amicus Curiae Farm Credit Services Southwest.

OPINION

NORRIS, Judge.

¶ 1 This appeal arises out of an order entered by the Arizona Land Board of Appeals affirming a decision by the Commissioner of the Arizona State Land Department reclassifying state trust land leased by appellant Max Koepnick from agricultural to commercial. The superior court affirmed on review of the Board's decision. On appeal, Koepnick argues the reclassification was improper as a matter of law and made by the Commissioner...

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