Southwestern Paint & Varnish Co. v. Arizona Department of Environmental Quality

OPINION

BRAMMER, Judge.

Southwestern Paint & Varnish Company (SW) appeals from the trial court’s order granting Arizona Department of Environmental Quality’s (ADEQ) motion to dismiss for failure to exhaust administrative remedies. The trial court dismissed the action based on ADEQ’s argument that because SW did not apply to the administrative agency for a review or rehearing of the final administrative decision, it failed to exhaust the available administrative remedies, thereby precluding judicial review. The trial court’s understandable reliance on what we perceive as confusing precedent in…