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GANNETT OUTDOOR CO. v. CITY OF MESA

No. 1 CA-CIV 9928.

159 Ariz. 459 (1989)

768 P.2d 191

GANNETT OUTDOOR COMPANY OF ARIZONA, a Delaware corporation, Plaintiff-Appellee, v. CITY OF MESA, a political subdivision of the State of Arizona, and Board of Adjustment of the City of Mesa, Defendants-Appellants.

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

Reconsideration Denied February 23, 1989.

Attorney(s) appearing for the Case

Eaton, Lazarus & Dodge, Ltd. by Paul F. Lazarus, Susan G. Sendrow, David K. Jones, Phoenix, for plaintiff-appellee.

Shelley & Bethea by J. LaMar Shelley, Mesa, for defendants-appellants.

OPINION

CONTRERAS, Presiding Judge.

In this appeal, we consider the issue of whether the replacement of an existing multi-pole billboard structure with a new mono-pole structure of the same dimensions constitutes a "reasonable alteration" of non-conforming property within the meaning of A.R.S. § 9-462.02. We conclude that such a change in the structural support system of the billboard does not constitute a "reasonable alteration" within the meaning of...

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