SOUTHWEST SOIL REMEDIATION v. TUCSON

No. 2 CA-CV 00-0219.

36 P.3d 1208 (2001)

201 Ariz. 438

SOUTHWEST SOIL REMEDIATION, INC., an Arizona corporation, Plaintiff/Appellant, v. CITY OF TUCSON, a municipal corporation; Walter Tellez, Zoning Administrator; Paul Swift, Acting Director, Development Services, as officials acting for the City of Tucson, Defendants/Appellees. Southwest Soil Remediation, Inc., an Arizona corporation, Plaintiff/Appellant, v. City of Tucson, a municipal corporation; George Miller and Jane Doe Miller, husband and wife; Steve Leal and Jane Doe Leal, husband and wife; Jose J. Ibarra and Jane Doe Ibarra, husband and wife; Janet Marcus and John Doe Marcus, wife and husband; Michael J. Crawford; Shirley C. Scott and John Doe Scott, wife and husband; Molly E. McKasson and John Doe McKasson, wife and husband; Luis Gutierrez and Jane Doe Gutierrez, husband and wife; Bruce Wheeler and Jane Doe Wheeler, husband and wife; Michael W.L. McCrory and Jane Doe McCrory, husband and wife; Thomas J. Berning and Jane Doe Berning, husband and wife, Defendants/Appellees.

Court of Appeals of Arizona.

December 20, 2001.


Attorney(s) appearing for the Case

Stubbs & Schubart, P.C., by G. Lawrence Schubart and Damian M. Fellows, Tucson, for plaintiff/appellant.

Mesch, Clark & Rothschild, P.C., by Richard Davis and Jeanette M. Boulet, Tucson, for defendants/appellees.


OPINION

HOWARD, Presiding Judge.

¶ 1 Appellant Southwest Soil Remediation, Inc., (SSR) appeals from the trial court's ruling on its supplemental special action complaint against appellees the City of Tucson and various city officials (collectively, the City), which alleged the City had improperly refused to issue a building permit for SSR's soil storage facility. After a bench trial, the trial court entered judgment in favor of the City, finding...

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