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CITY OF GLENDALE v. ALDABBAGH

No. 1 CA-CV 95-0401.

187 Ariz. 235 (1996)

928 P.2d 659

CITY OF GLENDALE, a municipal corporation of the State of Arizona, Plaintiff Counterdefendant, Appellant, v. Amer "Omar" ALDABBAGH dba Foxy's Show Club; Amer "Omar" Aldabbagh and Jane Doe Aldabbagh, husband and wife; David B. Benz and Jane Doe Benz, husband and wife, Defendants Counterclaimants, Appellees.

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

Review Granted December 17, 1996.

Attorney(s) appearing for the Case

Glendale City Attorney by David A. Pennartz, Deputy City Attorney, Glendale, for Plaintiff-Counterdefendant-Appellant.

David K. Jones, Phoenix, for Defendants-Counterclaimants-Appellees.

OPINION

VOSS, Judge.

The sole issue on appeal is whether Glendale Zoning Ordinance section 7(d) (1971) (section 7(d)) allows the City of Glendale (Glendale) to terminate a nonconforming use based merely upon a period of nonuse without a showing of the owner's intent to abandon the use. We hold section 7(d) creates a rebuttable presumption of abandonment.

In 1978, Glendale amended its zoning ordinance. One...

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