BEHAVIORAL HEALTH AGE. v. CITY OF CASA GRANDE

No. 2 CA-CIV 5172.

147 Ariz. 126 (1985)

708 P.2d 1317

BEHAVIORAL HEALTH AGENCY OF CENTRAL ARIZONA (BHACA), a non-profit corporation, Armond Lusignan and Elderly Persons I-X, Plaintiffs/Appellants, v. CITY OF CASA GRANDE, a municipal corporation; Hugh N. Guinn, Mayor of the City of Casa Grande; Katherine Y. Kenyon, William Eddings, Willard S. Russ, Riftin Curtis and Steve Pass, City Council Members of the City of Casa Grande, Defendants/Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied April 11, 1985.

Review Denied October 29, 1985.


Attorney(s) appearing for the Case

Cole & O'Neil by Mark A. Higgins, Casa Grande, for plaintiffs/appellants.

Michael F. Beers, City Atty., Casa Grande, for defendants/appellees.


OPINION

HOWARD, Judge.

This is an appeal from the granting of a summary judgment in a zoning matter. The record shows that appellants filed for a conditional use permit to allow them to operate a group home for the elderly in an area in Casa Grande zoned for single-family residences. A hearing was held before the planning and zoning commission, and neighboring property owners appeared, vehemently opposing the granting of the permit. The commission denied the...

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