City of Surprise, an Arizona Municipal Corporation, Petitioner v. Arizona Corporation Commission; Tom Forese, In…

Summary

The court held that the Arizona Corporation Commission lacks authority under the governing statute to regulate a municipality's acquisition of a public utility through eminent domain, including by requiring the utility to obtain Commission approval. It also held that the City had standing and that special-action review was appropriate because the dispute presented an immediate, purely legal question concerning the Commission's jurisdiction. Justice Bolick, concurring in part and dissenting in part, agreed on standing and ordinary condemnations but would have allowed the Commission to investigate whether this transaction was actually voluntary and designed to evade consumer protections.