Stambaugh v. KillianAnnotate this Case
The plain language of Ariz. Rev. Stat. 3-1261(B), which provides that no two brands of the same design or figure shall be adopted or recorded, precluded the Arizona Department of Agriculture (Department) from recording “two brands of the same design or figure” regardless of their location.
The Department in this case allowed Eureka Springs to record a “bar seven” brand, even though it was identical to a previously recorded brand owned by David Stambaugh, because it was placed on a different location on the cattle. Stambaugh sued the Department. The superior court granted summary judgment in part for the Department, concluding that section 3-1261 gave the Department discretion to consider the location of a brand on an animal in determining whether two brands are of the same design or figure. The court of appeals affirmed, concluding that section 3-1261(B) is ambiguous. The Supreme Court reversed, holding that the statute was unambiguous and precluded the Department from adopting or recording identical brands.