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STATE EX REL. DARWIN v. ARNETT

No. 1 CA-CV 13-0420.

330 P.3d 996 (2014)

STATE of Arizona ex rel. Henry R. DARWIN, Director of Environmental Quality, Plaintiff/Appellee, v. William W. ARNETT and Jane Doe Arnett, husband and wife, Defendant/Appellant.

Court of Appeals of Arizona, Division 1.

July 22, 2014.

Attorney(s) appearing for the Case

Arizona Attorney General's Office, By Jeffrey D. Cantrell and Louise Erickson, Phoenix, Counsel for Plaintiff/Appellee.

Baird Williams & Greer, LLP, By Robert L. Greer, Phoenix, Counsel for Defendant/Appellant.

Judge KENT E. CATTANI delivered the opinion of the Court, in which Presiding Judge PATRICIA K. NORRIS and Judge SAMUEL A. THUMMA joined.

OPINION

CATTANI, Judge.

¶ 1 This is an appeal from a superior court judgment in favor of the Arizona Department of Environmental Quality ("ADEQ") against an individual who owned an underground storage tank ("UST") that leaked gasoline. ADEQ previously obtained a remediation consent decree against the company that operated the UST, but after the company filed for bankruptcy, ADEQ learned that the company did not own the UST and therefore pursued remediation...

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