Arizona Supreme Court
David Stambaugh, Plaintiff/appellant v. Mark Killian, Acting in His Capacity as Director of the Arizona Department…
August 3, 2017242 Ariz. 508
Summary
The Court held that the statute unambiguously prohibits recording two brands with the same design or figure, even when the brands are placed in different locations on livestock. It further held that the Department was not entitled to deference because the legislature had clearly addressed the issue. The Court reversed the superior court, vacated the court of appeals’ opinion, and remanded for entry of summary judgment for Stambaugh. Justice Bolick, concurring, joined the decision but questioned whether federal administrative-deference principles apply under Arizona law.