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THOMAS AND KING, INC. v. CITY OF PHOENIX

No. 1 CA-CV 03-0302.

92 P.3d 429 (2004)

208 Ariz. 203

THOMAS AND KING, INC., a South Carolina corporation, Plaintiff-Appellant, v. CITY OF PHOENIX, Development Advisory Board, a municipal corporation, Defendant-Appellee.

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

June 29, 2004.

Attorney(s) appearing for the Case

Bryan Cave LLP By Steven A. Hirsch, Merritt L. Bingham, Rodney W. Ott, Phoenix, Attorneys for Plaintiff-Appellant.

Peter Van Haren, Office of the City Attorney By Vicki A. Hill, Assistant City Prosecutor, Phoenix, Attorneys for Defendant-Appellee.

OPINION

LANKFORD, Judge.

¶ 1 Thomas and King, Inc. ("T & K") appeals from the superior court's judgment affirming the City of Phoenix Development Advisory Board's ("Board") denial of T & K's Application for Modification from the Construction Code. The principal issue presented on appeal is whether a portion of a bar in a restaurant with moveable seats must be lowered to allow disabled patrons access pursuant to the 1997 Uniform Building Code...

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