David Stambaugh v. Mark Killian

*509JUSTICE BRUTINEL,

opinion of the Court:

¶ 1 Arizona Revised Statute § 3-1261 (B) provides that no two brands of the same design or figure shall be adopted or recorded. Nonetheless, the Arizona Department of Agriculture (“Department”) allowed Eureka Springs to record a “bar seven” brand (—7), even though it was identical to a previously recorded brand owned by David Stambaugh, because it was placed on a different location on the animals. We hold that the plain language of the statute precludes the Department from recording “two brands of the same design or figure” regardless of their location.

I.…