Bishop v. Department of Public Safety

OPINION

HOWARD, Judge.

This case was submitted to the trial court on an agreed statement of facts pursuant to Rule 52(c), 16 A.R.C.P. The main issue was whether the Arizona Department of Public Safety (hereinafter DPS) was acting within its powers when it created a “contract” towing system in Pima County for the removal of vehicles from the state highways. The trial court, ruling that DPS had no such power because it was, in effect, engaging in price control, declared the contract null and void and permanently enjoined appellants from entering into such contracts. Appellants first claim that…