Arizona Public Service Co. v. Town of Paradise Valley

OPINION

JACOBSON, Judge.

This appeal requires a determination of whether the legislature has delegated to municipalities the authority to pass ordinances affecting the replacing, removal and undergrounding of public utility poles.

This litigation was initiated by appellee, Arizona Public Service Company (APS), by filing a special action in Superior Court seeking to declare an ordinance of the appellant, Town of Paradise Valley (Town), invalid and to enjoin the Town’s prosecution of a criminal complaint against APS under that ordinance. The Superior Court held the ordinance invalid as being…