# David Stambaugh v. Mark Killian

> Arizona Supreme Court · August 3, 2017 · 242 Ariz. 508

URL: https://www.frixlaw.com/law-library/cases/9877711

## Case

- **Full name:** David STAMBAUGH, Plaintiff/Appellant, v. Mark KILLIAN, Acting in His Capacity as Director of the Arizona Department of Agriculture; Arizona Department of Agriculture, an Agency of the State of Arizona; Suzette Taylor, Acting in Her Capacity as State Brand Clerk at the Arizona Department of Agriculture; State of Arizona; And Eureka Springs Cattle Co., LLC, an Arizona Limited Liability Company and Real Party in Interest, Defendants/Appellees
- **Court:** Arizona Supreme Court
- **Decided:** August 3, 2017
- **Citations:** 242 Ariz. 508; 770 Ariz. Adv. Rep. 5; 398 P.3d 574; 2017 Ariz. LEXIS 202; 2017 WL 3298360
- **Precedential status:** Published
- **Opinion:** Concurrence by Bolick
- **Judges:** Brutinel, Bales, Pelander, Timmer, Bolick, Gould, Peterson
- **Cited by:** 114 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9877711

## How later opinions describe it (automated extraction)

- noting that courts owe no deference to an agency’s interpretation of an unambiguous statute
- stating we construe a subsection of a statute in the context of the entire statute
- concluding an arguably ambiguous statutory term could reasonably be given “only” one meaning when examined in the context of all the statute’s provisions

## Opinion text

BOLICK, J.,
concurring:
¶ 25 I join entirely the Court’s analysis and outcome. In addition to other arguments rejected by the Court, the Department urged us to apply Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 , 104 S.Ct. 2778 , 81 L.Ed.2d 694 (1984), and defer to its administrative expertise in construing the statute. I write separately only to note that this Court has never expressly considered whether Chevron or its progeny establish standards for administrative deference under Arizona law. I trust that, to the contrary, our constitutional separation of powers remains vibrant, notwithstanding the extent to which the United States Supreme Court has eroded it in the federal context. See Gutierrez-Brizuela v. Lynch, 834 F.3d 1142, 1149-58 (10th Cir. 2016) (Gorsueh, J., concurring).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9877711. Public record. Not legal advice.