D. C. Speer Construction Co. v. Arizona Department of Transportation

OPINION

EUBANK, Judge.

This appeal involves a dispute between two highway contractors questioning whether one, Compton, was entitled to receive the 5% statutory preference provided by A.R.S. § 34 — 241, infra. Specifically, the issue is one of statutory interpretation involving the meaning of the phrase, “who have paid state and county taxes within the state for not less than two successive years” (A.R.S. § 34-241(B), infra), and whether the facts justify the Arizona Department of Transportation’s recognition of Compton’s claimed preference.

D. C. Speer Construction Co. (Speer), appellant,…