ARS 40-283 Example Case
In Southwest Gas Corp. v. Mohave County, 188 Ariz. 506, 937 P.2d 696 (App. 1997), the court held that a statute allowing the county to regulate a franchisee's use of the public roads by "'imposing restrictions and limitations upon the use of the public roads as it deems best for the public safety or welfare'" did not include the authority to charge a franchise fee. Id. at 508, 937 P.2d at 698, quoting A.R.S. 40-283.
It further held that the right to charge the fee was not necessarily implied in the authority to grant a franchise. Id. at 507, 937 P.2d at 697.
The court stated that "the absence of a prohibition does not mean a county has the power to engage in the questioned conduct.. . . Instead, the burden is on the county to point out the constitutional or statutory power that permits the conduct." Id. at 509, 937 P.2d at 699.