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AUSTIN SHEA (ARIZONA) v. CITY OF PHOENIX

No. 1 CA-CV 05-0062.

142 P.3d 693 (2006)

AUSTIN SHEA (ARIZONA) 7TH STREET AND VAN BUREN, L.L.C., an Arizona limited liability company, Plaintiff/Appellee, v. CITY OF PHOENIX, a political subdivision of the State of Arizona; City of Phoenix Board of Adjustment, Defendants/Appellants.

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

August 3, 2006.

Attorney(s) appearing for the Case

Jaburg & Wilk, P.C. By Kathi M. Sandweiss and Roger L. Cohen, Phoenix and David K. Jones, Chandler, Attorneys for Plaintiff/Appellee.

Office of the City Attorney By Gary Verburg, Acting City Attorney and L. Michael Hamblin, Assistant City Attorney, Phoenix, Attorneys for Defendants/Appellants.

OPINION

NORRIS, Judge.

¶ 1 This appeal arises from a decision by the City of Phoenix Board of Adjustment ("the Board") to rehear an appeal taken by Plaintiff/Appellee Austin Shea (Arizona) 7th Street and Van Buren, L.L.C. ("Shea") from a zoning ordinance interpretation made by the City of Phoenix Zoning Administrator. On rehearing, the Board reversed a decision it had previously rendered in Shea's favor. Shea filed a special action proceeding against...

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