City of Surprise, an Arizona Municipal Corporation, Petitioner v. — Bolick, J., Concurring in Part and Dissenting…

Summary

Justice Bolick agreed that the Arizona Corporation Commission lacks authority to regulate an involuntary municipal condemnation of a water utility and that the City has standing, but disagreed with categorically ending the Commission's authority upon the City's announcement of eminent domain. He would have allowed the Commission to investigate whether the condemnation was actually voluntary and designed to avoid consumer-protection requirements. The dissent concludes that the majority elevated form over substance and prematurely terminated the Commission's inquiry.