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U.S. PARKING SYSTEMS v. CITY OF PHOENIX

No. 2 CA-CV 89-0016.

160 Ariz. 210 (1989)

772 P.2d 33

U.S. PARKING SYSTEMS, an Arizona corporation, Plaintiff/Appellant, v. CITY OF PHOENIX, a municipal corporation; Board of Adjustment of the City of Phoenix, a quasi-judicial body created by City of Phoenix; Judi Butterworth; Francis Anderson; Richard Alvord; Gloria Aguilar; George H. Foster, Jr.; James Speedie and John Doe, Defendants/Appellees.

Court of Appeals of Arizona, Division 2, Department A.

April 4, 1989.

Attorney(s) appearing for the Case

Beus, Gilbert, Wake & Morrill by Glenn B. Jenks, Phoenix, for plaintiff/appellant.

Roderick G. McDougall, City Atty. by Edward P. Reeder, Phoenix, for defendants/appellees.

OPINION

HATHAWAY, Judge.

This appeal is taken from the trial court's granting of a motion for summary judgment in favor of the City of Phoenix in a case involving the applicability of the city's zoning ordinance regarding landscaping of self-park parking lots.

Appellant is the owner of several parking lots in Phoenix. The lots are located in commercially-zoned districts and are virtually identical. They are paved, contain no buildings or other structures...

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