SANDERSON LINCOLN MERCURY INC v. FORD MOTOR COMPANY
Decided: April 29, Sacks Tierney P. Linzer, Scottsdale, Attorneys for Plaintiff-Appellant. For reasons that follow, we affirm. A dealership meeting the statutory criteria may file a written objection with ADOT.
The dealership would be located within the external boundaries of the City but on a county island in an area called Chauncey Ranch, which is the subject of a development and pre-annexation agreement with the City.
Ford also asked to be advised when ADOT had sent the statutory notices. On the same date, Ford wrote ADOT, asserting that, because the new dealership would be located on a county island, no existing dealership was entitled to notice or had a right to object.
Ford then moved to dismiss Sanderson's objection on the basis that Sanderson is neither in the same community nor within ten miles of the proposed dealership. It maintained that, because Sanderson is within the City, Sanderson did not have standing to object and, likewise, that ADOT did not have jurisdiction to consider the objection.
Sanderson contended also that the location of the new dealership should be considered part of the City as a practical matter because the Chauncey Ranch development is the subject of a pre-annexation agreement and expected to be joined to the City in the future.
The court affirmed the decision based on the administrative record and briefing by the parties. Sanderson then appealed to this court. There is no question of the evidence in this case, and, while we give great weight to an agency's interpretation of the statutes applicable to it, Capitol Castings, Inc.
We review the application of the law de novo.
To determine that intent, we look first to the language of the statute, and we presume that the legislature has said what it means. Christensen, Ariz.
Even on the lincoln mercury dealers in phoenix az of Euro NCAP performance, there should be no difference in their ratings, after all, Subaru actually brought a CKD sample from Malaysia over to Japan to have it crash tested and obtained similar results.
Only if the legislative intent is not clear from the statute do we consider other factors such as the statute's context, subject matter, historical context, effects and consequences, and spirit and purpose. Accordingly, Sanderson, although located within the incorporated City of Phoenix, is nonetheless not in the same community as the new dealership, the location of which is not part of the incorporated City.
Sanderson, therefore, is without standing to object to the new dealership. Applying the definition expressly provided by the legislature hardly renders a word or phrase meaningless.
It provided standing to object to existing franchises within ten miles of a proposed dealership or, in counties with a population of fewer thanpersons, existing franchises within twenty miles. Pima County, Ariz. City of Pittsburgh, U.
Municipal corporations are political subdivisions of the state, created as convenient agencies for exercising such of the governmental powers of the state as may be intrusted to them. The number, nature, and duration of the powers conferred upon these corporations and the territory over which they shall be exercised rests in the absolute discretion of the state.
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City of Page, Ariz. City of Phoenix, 36 Ariz. Sanderson, however, provides no record in support of this claim but seems to merely assume that this would be the case and then attempts to use that assumption to bolster its argument regarding the Chauncey Ranch development. There is no support for Sanderson's argument with respect to Chauncey Ranch in an analogy to a situation that has never occurred and that has no basis in the record.
Consequently Sanderson, for the purpose of applying the statutory scheme, is not located in the same community as the new dealership. The requirements for standing to object in this context are statutory. A franchisee with the same line-make within the same community as or within ten miles of the proposed lincoln mercury dealers in phoenix az is entitled to notice.
However, if the franchisee objects, it still must present evidence to ADOT that it is located within the same community as or within ten miles of the proposed dealership in order to have standing to object. The fact that a notice was sent does not determine the issue of standing.
Two of the five were located in the City; three were not.
Ford did not indicate, let alone concede, in the letter that any of the five dealerships had standing to.
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