BOOK CELLAR, INC. v. CITY OF PHOENIX

No. 1 CA-CIV 5901.

139 Ariz. 332 (1983)

678 P.2d 517

BOOK CELLAR, INC., an Arizona corporation, Petitioner-Appellant, v. CITY OF PHOENIX, Board of Adjustment of the City of Phoenix; and Larry Lazarus, Ernest Nedd, Jr., Ronald Bookbinder, Barbara Jarvis, Herman Orcutt, Albert Rogahn and Marie Peipelman, as members of the Board of Adjustment, Respondents-Appellees.

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

Review Denied March 13, 1984.


Attorney(s) appearing for the Case

Dushoff & Sacks by Robert V. Kerrick, James M. Balogh, Phoenix, for petitioner-appellant.

Andy Baumert, City Atty. by Edward P. Reeder, Asst. City Atty., Phoenix, for respondents-appellees.


OPINION

GRANT, Judge.

This is an appeal from the dismissal of appellant's special action for failure to state a claim upon which relief could be granted. The issue raised is whether the superior court, pursuant to the Arizona Rules of Procedure for Special Actions (Rules), has jurisdiction to review a City of Phoenix Board of Adjustment decision to determine whether it was arbitrary, capricious, or an abuse of discretion. We find that the trial court erred...

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