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, regardless of whether the brands are placed in different locations on livestock. It concluded that the statute distinguishes a brand’s design from its location and therefore provides no discretion to approve an identical design based on placement. The court reversed the superior court, vacated the court of appeals’ decision, and remanded for summary judgment in Stambaugh’s favor. Justice Bolick, concurring, agreed with the result but noted that the court had not resolved whether federal administrative-deference principles apply under Arizona law.