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AgTech Says It Formally Challenged Arizona’s State Land Lease Action

AgTech says its counsel submitted a formal written challenge on September 24 to the Arizona State Land Department’s September 10 action involving five Yuma-area leases. The company argues required notice-and-cure procedures were not followed. The State described one lease as in default and four as nonrenewals.

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AgTech says it formally challenged the Arizona State Land Department’s September 10 lease action, with the company reporting that its counsel delivered a written challenge to the department on September 24. The State’s September 10 announcement described five leases: one lease it said was in default and four it said it would not renew. Those are distinct descriptions of the State’s actions. AgTech argues that required notice-and-cure procedures were not followed. The attorney letter was not available for independent review for this update, so the filing date and the company’s procedural argument are attributed to AgTech. The company statement establishes what AgTech says it did and argues; it does not independently establish the contents of the letter or the legal effect of the challenge. Arizona law includes procedures for cancellation of a lease for default, including notice and opportunities to cure under A.R.S. § 37-289. A.R.S. § 41-1092.03 addresses requests for administrative hearings in certain appealable agency actions, subject to statutory qualifications and exceptions. The available materials do not establish that either statute applies in the same way to each of the one default and four nonrenewal decisions, or resolve what procedures governed each lease. The leases, notices, agency orders, and any State response would be needed to assess those questions. No ruling, stay, reversal, or other relief is established by the materials reviewed.

Sources 5

Timeline events 2

  • AgTech, through counsel, was reviewing the lease action and considering legal action

    Gallagher & Kennedy’s September 17 page states that AgTech had retained the firm, which was reviewing the lease terminations and considering appropriate legal action. This records the position reported through counsel on September 17; it does not state that a formal written challenge had been filed or establish any ruling or relief.

  • AgTech says counsel formally challenged the lease action

    AgTech says its counsel delivered a formal written challenge to the State Land Department on September 24. The company argues that required notice-and-cure procedures were not followed in connection with the September 10 action. The State described one lease as in default and four as nonrenewals. A.R.S. § 37-289 addresses procedures before cancellation for default; its application to the four nonrenewals has not been established here. The attorney letter itself was not available for independent review, so this entry attributes the challenge and procedural argument to AgTech. No ruling or relief is established.

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