HAUSE v. CITY OF TUCSON

No. 2 CA-CV 00-0059.

19 P.3d 640 (2001)

199 Ariz. 499

Janice HAUSE, a resident and qualified elector of the City of Tucson, and Fernando Peyron, a resident and qualified elector of the City of Tucson, Plaintiffs/Appellants, v. CITY OF TUCSON, an Arizona municipal corporation, and Board of Adjustment of the City of Tucson, a municipal board of adjustment, and Walter Tellez, in his official capacity as City of Tucson Zoning Administrator, Defendants/Appellees, and Wal-Mart Stores, Inc., a Delaware corporation, and Consumers for Retail Choice Sponsored by Wal-Mart, a political committee registered with the Tucson City Clerk, Defendants/Real Parties in Interest/Appellees.

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

March 8, 2001.


Attorney(s) appearing for the Case

Morrill & Aronson, P.L.C. by John T. Moshier, John C. Doney, Phoenix, Davis, Cowell & Bowe, LLP by Andrew J. Kahn, Joni S. Jacobs, San Francisco, California, for plaintiffs/appellants.

Gabroy, Rollman & Bosse, P.C. by Richard M. Rollman and Richard A. Brown, Tucson, for defendants/appellees.

Lewis and Roca, LLP by John N. Iurino, Tucson, for defendants/Real Parties in Interest/appellees.


OPINION

HOWARD, Presiding Judge.

¶ 1 Shortly after appellee City of Tucson (the City) passed an ordinance regulating large retail businesses, it issued building permits to appellee Wal-Mart Stores for a store that did not comply with the ordinance. Plaintiffs/appellants Janice Hause and Fernando Peyron (collectively, Hause) filed a lawsuit claiming the permits were invalid because the ordinance was in effect when they were issued. The trial court denied...

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