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IVANCOVICH v. CITY OF TUCSON BOARD OF ADJUSTMENT

No. 2 CA-CIV 1599.

22 Ariz. App. 530 (1974)

529 P.2d 242

Jane IVANCOVICH and Byron Ivancovich, husband and wife, Marjorie O'Connell, Glenn Yokem, Individually and on behalf of others similarly situated, Appellants, v. CITY OF TUCSON BOARD OF ADJUSTMENT, Magna Investment & Development Corp., a Utah Corporation, Sierra Investment Corp., an Arizona Corporation, Joseph Kivel and Levy's Department Store, a division of Federated Stores, a Delaware Corp., Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied January 22, 1975.

Review Granted March 4, 1975.

Attorney(s) appearing for the Case

Kipps & Salter by Gordon S. Kipps, Tucson, for appellants.

Bilby, Thompson, Shoenhair & Warnock, P.C., by Marvin S. Cohen, Chandler, Tullar, Udall & Richmond by Thomas Chandler and Robert E. Lundquist, Tucson, for appellees.

James D. Webb, Tucson City Atty., by Enos P. Schaffer, Asst. City Atty., Tucson, for City of Tucson Bd. of Adjustment (only).

OPINION

HOWARD, Judge.

This appeal challenges the action of the City of Tucson Board of Adjustment granting Levy's Department Store permission to add a third story to the building it leases.1

Before discussing the facts of this case we want to compliment counsel on the quality of the briefs filed in this court.

Appellee Levy's Department Store is now leasing a two-story building from appellees Magna Investment ...

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