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TOWN OF PARADISE VALLEY v. GULF LEISURE CORP.

No. 1 CA-CIV 3304.

27 Ariz. App. 600 (1976)

557 P.2d 532

TOWN OF PARADISE VALLEY, a Municipal Corporation, Appellant, v. GULF LEISURE CORPORATION, Glen Wiltsey, and Midland National Bank, Appellees.

Court of Appeals of Arizona, Division 1, Department A.

Rehearing Denied November 30, 1976.

Petition for Review Denied December 21, 1976.

Attorney(s) appearing for the Case

Roger A. McKee, Paradise Valley, for appellant.

Burch, Cracchiolo, Levie, Guyer & Weyl by C. Michael Pierce, Phoenix, for appellees Gulf Leisure Corp. and Glen Wiltsey.

Rawlins, Ellis, Burrus & Kiewit by Michael V. Mulchay, Phoenix, for appellee Midland Nat. Bank.

OPINION

NELSON, Judge.

This is an appeal from a summary judgment granting the appellees declaratory and injunctive relief against the appellant regarding its purported arbitrary and capricious refusal to extend a "Special Use Permit". The trial court declared the appellant's actions void ab initio and unconstitutional and ordered the appellant to allow the appellees to continue construction of a 148-suite resort hotel.

The issues presented here are...

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