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Johnson Utilities argues Pinal judge denied company due process

Posted by   /  January 23, 2019  /  No Comments

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Judge Stephen McCarville

By Kevin Reagan | PinalCentral

Lawyers for Johnson Utilities are arguing a Pinal County judge “abused” his discretion by issuing an injunction last year that compelled the company to hand over control of its operations to EPCOR Water.

Five months after Pinal County Superior Court Presiding Judge Stephen McCarville issued the injunction, the utility company has filed court papers that outline arguments Johnson Utilities will make before the Arizona Court of Appeals.

According to the opening brief filed last week, lawyers representing Johnson believe McCarville’s injunction was too broad and “unconstitutionally vague.”

The company further faults Pinal County Superior Court for not allowing Johnson lawyers time to present a “full and fair” picture of the case before an injunction was issued.

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