Arizona Corp. Commission v. Superior Court In and For Maricopa County, 10259
Citation | 480 P.2d 988,107 Ariz. 24 |
Decision Date | 25 February 1971 |
Docket Number | No. 10259,10259 |
Parties | ARIZONA CORPORATION COMMISSION: Dick Herbert, Charles H. Garland and Russell Williams, as Members of Said Commission, Petitioners, v. SUPERIOR COURT of the State of Arizona, IN AND FOR the COUNTY OF MARICOPA, and Fred J. Hyder, a Judge thereof; ARIZONA WATER COMPANY, an Arizona Corporation, real party in interest, Respondents. |
Court | Supreme Court of Arizona |
Gary K. Nelson, Atty. Gen., by Charles S. Pierson, Asst. Atty. Gen., Phoenix, for petitioners.
Fennemore, Craig, von Ammon & Udall, by Kent A. Blake, Phoenix, for real property in interest.
The Arizona Corporation Commission (hereinafter referred to as Commission or petitioner), after notice and hearing, issued Decision No. 40890 establishing interim rates to be charged in certain divisions or water service areas of the respondent Arizona Water Company (hereinafter referred to as Company). The Company filed a special action proceeding in the superior court seeking to have Decision No. 40890 set aside. Respondent court granted an Interlocutory Stay of Proceedings preventing Decision No. 40890 from becoming effective pending the outcome of the special action in superior court. Respondent court denied the Commission's motion to dismiss; however, trial of the matter was continued to allow the Commission to seek special action relief from this court.
The main issue in this matter is whether a rate-making decision of the Arizona Corporation Commission is subject to judicial review by special action in the nature of certiorari in the superior court. Before considering this issue, however, it is necessary to determine if the special action proceedings filed in the superior court should have been filed in the Supreme Court since the Supreme Court has original jurisdiction of extraordinary writs to state officers. See Ariz.Const., Art. 6, § 5, A.R.S.
Article 6, § 5 of the Arizona Constitution provides in part that the Supreme Court shall have:
'1. Original jurisdiction of habeas corpus, and quo warranto, mandamus, injunction and other extraordinary writs to state officers.
2. Original and exclusive jurisdiction to hear and determine causes between counties concerning disputed boundaries and surveys thereof or concerning claims of one county against another.'
The court in People of Territory of Guam v. Rosario, 296 F.Supp. 140 (D.C.Guam 1969) in discussing the meaning of 'original' jurisdiction had the following to say:
In view of the act that paragraph number one of section five speaks of original jurisdiction and paragraph number two speaks of original and exclusive jurisdiction it is apparent to this court that the drafters of the Constitution were aware of the distinction discussed in Rosario. We conclude, therefore, that the jurisdiction of the Supreme Court over extraordinary writs to state officers is not exclusive but concurrent with that of the superior court.
We must now proceed with the determination of whether or not rate-making orders of the Arizona Corporation Commission are subject to judicial review by special action in the superior court. In Faulkner v. Board of Supervisors, 17 Ariz. 139, 149 P. 382 (1915) this court recognized that a writ of certiorari 17 Ariz. at page 143, 149 P. at page 383. The determination of the issue in the instant case centers around the question of whether the Commission is exercising a legislative function or a judicial function when it issues a rate-making order. If it is a legislative function then special action is not available for review; however, if it is a judicial function then special action is available for review.
The Arizona Corporation Commission is provided for by Article XV of the Arizona Constitution. Article XV of Arizona's Constitution is unique in that no other state has given its commission the extensive power and jurisdiction that the Arizona Corporation Commission possesses. State v. Tucson Gas, Electric Light & Power Co., 15 Ariz. 294, 138 P. 781 (1914). Speaking of the Commission in Tucson Gas we noted that the Commission was empowered to exercise not only legislative but also judicial, administrative and executive functions of government. The court went on to say that 15 Ariz. at page 306, 138 P. at page 786.
The Commission is authorized by Article XV, Section 3 of the Constitution to fix just and reasonable rates. Article XV, Section 3 provides:
In exercising this rate-making...
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