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CITY OF GLENDALE v. ALDABBAGH

No. CV-96-0342-PR.

939 P.2d 418 (1997)

189 Ariz. 140

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.

Supreme Court of Arizona, En Banc.

June 10, 1997.

Attorney(s) appearing for the Case

Peter A. Van Haren, Glendale City Attorney by David A. Pennartz, Assistant City Attorney, Phoenix, for City of Glendale.

David K. Jones, PC by David K. Jones, Phoenix, for Amer "Omar" Aldabbagh and David B. Benz.

OPINION

MARTONE, Justice.

We are asked to decide whether the right to use a preexisting nonconforming use can be lost through nonuse, short of an intent to abandon. We hold that an intent to abandon is not required and that a preexisting nonconforming use can be lost where its nonuse is attributable, at least in part, to the property owner.

I. Background

Amer "Omar" Aldabbagh owns an adult entertainment business in Glendale that would violate...

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