Legal Opinion · Dissent

Stambaugh v. Butler

Court of Appeals of Arizona

Decided August 9, 2016No. 1 CA-CV 14-0817Published

1DissentJones, Judge

¶ 19 The unambiguous language of a statute is not made ambiguous simply by virtue of its longstanding misapplication. In Arizona, persons owning range livestock are required to adopt and record a brand with the Arizona Department of Agriculture (the Department), which they may then affix to their livestock to provide evidence of ownership. A.R.S. §§ 3-1261(A), -1267(B), -1371(1), (4). Arizona Revised Statutes (A.R.S.) § 3-1261(B) unequivocally states, “[n]o two brands of the same design or figure shall be adopted or recorded.”

¶ 20 Here, the parties agree the bar seven brands issued by the…

2Cases cited13 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. United States v. Mead Corp.Supreme Court of the United States · 2001
  3. State v. WiseArizona Supreme Court · 1983
  4. Golder v. Department of Revenue, State Board of Tax AppealsArizona Supreme Court · 1979
  5. Chaparral Development v. RMED International, Inc.Court of Appeals of Arizona · 1991

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