Over dissent, HELD: Ariz. Dept. of Ag. may approve identical cattle brands.
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Poast new message in this thread
Date: August 9th, 2016 3:53 PM Author: duck-like trust fund
Stambaugh v. Butler, No. 1 CA-CV 14-0817 (Ariz. Ct. App. Aug 9, 2016)
http://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2016/CV14-0817.pdf
FACTS: Dude who has a bar seven (-7) cattle brand placed on the left rib wants to take his beasts from California to Arizona. He asks the Arizona Department of Agriculture for permission. Another dude in Arizona with a bar seven cattle brand placed on the left hip objects, NO FUCKING WAY; THAT'S MINE. And the statute says you can't register two identical designs.
ISSUE: Does the law allow identical brands on different parts of the cow?
HELD: Yes. Despite statutory language providing that "[n]o two brands of the same design or figure shall be adopted or recorded," the Arizona Department of Agriculture may approve identical brands if the brands are registered to different locations on the animal.
DISSENT: You fools. The prohibition on having the same DESIGN is completely separate from the statutory language you rely on concerning the LOCATION the design is placed.
DEEP ANALYSIS: Dissents are rare in Arizona appellate cases, and they're usually right when a judge goes to the effort of writing one. Here, the majority bared its unscholarly motives when it was, like, "Yeah, but if we don't allow the same brand in different places, it might invalidate other brands, and that's bad." The California cattledood should have been told to come up with a different brand.
(http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2#31144562)
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Date: August 9th, 2016 3:55 PM Author: duck-like trust fund
Don't say I never do anything for you.
This is cutting edge shit.
(http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2#31144575) |
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Date: August 9th, 2016 4:15 PM Author: duck-like trust fund
Beyond the pale.
Perhaps we should offer our services to petition for supreme court review.
(http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2#31144712)
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Date: August 10th, 2016 7:04 AM Author: Soul-stirring police squad
Majority: "Who gives a shit about the exact wording of the law as long as the function of telling the brands apart is served?"
Minority: "WTF? This is directly contradictory to the law."
tbf,the majority opinion seems more efficient in this case but represents quite a transfer of power to the court
(http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2#31150026) |
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Date: August 10th, 2016 7:17 PM Author: duck-like trust fund
JUSTICE FOR THE STAMBAUGH COWS!
Look at this jibberish:
"The ambiguity exists by virtue of the language of A.R.S. § 3-1261 and related statutes, read in context with each other. Accordingly, we must look, inter alia, to the Department’s longstanding construction of the statutes. *****To do otherwise might render invalid hundreds of brands the Department accepted for recording over the past several decades based on their owners’ promises to apply the brands in different locations than prior similar recorded brands were to be applied.***** "
What do the consequences of "do[ing] otherwise" have to do with the interpretive task at hand?
Nothing. That's what.
(http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2#31154793)
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Date: August 11th, 2016 12:19 AM Author: Electric state
also seems like appellate court fact-finding
and results driven reasoning
and an impermissible delegation of power to agency that exceeds plain statutory text
i mean wtf. wtf.
(http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2#31156945) |
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Date: August 12th, 2016 5:12 PM Author: duck-like trust fund
http://bit.ly/2aRjSF7
Motions for reconsideration due by August 24, 2016.
Petitions for supreme court review due by September 8, 2016.
(http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2#31170666) |
Date: September 12th, 2016 6:30 PM Author: duck-like trust fund
Petition for review filed with Arizona Supreme Court.
http://bit.ly/2cms4Ke
May justice be done.
(http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2#31392299) |
Date: September 13th, 2016 7:44 PM Author: Rough-skinned cocky point
this
is why we got into law
fuck this bullshit. this pisses me off so much.
(http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2#31400584) |
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Date: October 7th, 2016 6:49 PM Author: duck-like trust fund
A petition for review was filed, but the supreme court only grants around 3.9% of petitions in civil cases, which is usually a bit under 20 cases per year. It's a long shot.
Right now, it's taking about four months for the supreme court to consider petitions for review, and then it takes a while for them to get around to issuing the order to grant or deny.
The state got an extension until October 28 to file its response to the petition. So I'd guess that the petition will be decided around April.
Here's the supreme court's docket: http://apps.supremecourt.az.gov/aacc/appella/ASC/CV/CV160217.PDF
(http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2#31582282) |
Date: February 27th, 2017 4:47 PM Author: duck-like trust fund
Petition for review GRANTED against all odds.
http://i.xomf.com/gspkr.png
May there be justice for Stambaugh's cows!
(http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2#32713763) |
Date: March 8th, 2017 12:33 PM Author: duck-like trust fund
Oral argument video available here:
https://www.azcourts.gov/AZ-Supreme-Court/Live-Archived-Video
I haven't watched it yet to see whether things are looking good for the Stambaugh cows, but I did notice that I had to turn off some of my ad blocking to get the video to load correctly.
(http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2#32782045) |
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Date: March 10th, 2017 1:12 AM Author: duck-like trust fund
Thoughts on oral argument.
(1) The state's attorney was having a rough time, but he shut up one of the justices when the justice was, like, "Have you even seen branding?" and the lawyers was, like, "Motherfucker, I grew up on a ranch. I've done it. It's easy."
38:44 - context
39:09 - rancher-lawyer revealed
(2) On whole, I think things went better for Stambaugh's cows. May justice be done.
(http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2#32795775) |
Date: March 10th, 2017 12:43 PM Author: duck-like trust fund
For those following along, the caption is now Stambaugh v. Killian.
Be sure to update your Westlaw and Lexis alerts.
(http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2#32797775) |
Date: August 3rd, 2017 1:31 PM Author: duck-like trust fund Subject: JUSTICE FOR THE STAMBAUGH CATTLE!
http://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2017/CV160217PR.pdf
¶1 Arizona Revised Statute § 3-1261(B) provides that no two brands of the same design or figure shall be adopted or recorded. Nonetheless, the Arizona Department of Agriculture (“Department”) allowed Eureka Springs to record a “bar seven” brand (—7), even though it was identical to a previously recorded brand owned by David Stambaugh, because it was placed on a different location on the animals. We hold that the plain language of the statute precludes the Department from recording “two brands of the same design or figure” regardless of their location.
(http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2#33910822) |
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Date: June 3rd, 2022 8:28 PM Author: Rough-skinned cocky point
this case has tortured me for almost six years and i didn't know this outcome
to be fair, it only felt like 2, maybe 3 years ago, but still
allahu akbar and God bless america!
(http://www.autoadmit.com/thread.php?thread_id=3316554&forum_id=2#44622573)
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