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CITY OF TUCSON v. CLEAR CHANNEL OUTDOOR

No. CV-04-0033-PR.

105 P.3d 1163 (2005)

209 Ariz. 544

CITY OF TUCSON, an Arizona municipal corporation, Plaintiff/Appellant, v. CLEAR CHANNEL OUTDOOR, INC, a Delaware corporation, Defendant/Appellee.

Supreme Court of Arizona, En Banc.

February 10, 2005.

Attorney(s) appearing for the Case

Paul G. Ulrich, P.C., by Paul G. Ulrich, Phoenix, and Michael D. House, Former Tucson City Attorney, Michael G. Rankin, Tucson City Attorney, by Frank William Kern, III and Dennis P. McLaughlin, Tucson, Attorneys for Plaintiff/Appellant City of Tucson.

Munger Chadwick, P.L.C., by John F. Munger and Evelyn Patrick Rick, Tucson, Attorneys for Defendant/Appellee Clear Channel Outdoor, Inc.

Arizona Center for Law In the Public Interest by Joy E. Herr-Cardillo, Tucson, Attorney for Amici Curiae, Neighborhood Coalition of Greater Tucson, The Sierra Club, Grand Canyon Chapter, Neighborhood Coalition of Greater Phoenix, N.A.I.L.E.M., and Luz Social Services.

OPINION

HURWITZ, Justice.

¶ 1 This case requires us to determine the effect of Arizona Revised Statutes ("A.R.S.") § 9-462.02(C) (Supp.2004) on numerous zoning enforcement actions filed by the City of Tucson ("the City") against Clear Channel Outdoor, Inc. ("Clear Channel"). We have jurisdiction pursuant to Article 6, Section 5(3) of the Arizona Constitution, and A.R.S. § 12-120.24 (2003).

I.

¶ 2 This case comes to us...

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