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STAGECOACH TRAILS MHC v. CITY OF BENSON

No. CV-12-0241-PR.

295 P.3d 943 (2013)

STAGECOACH TRAILS MHC, L.L.C., Plaintiff/Appellee, v. CITY OF BENSON, a municipal corporation; City of Benson Board of Adjustment, a body politic; and Brad Hamilton, Zoning Administrator for the City of Benson, Defendants/Appellants.

Supreme Court of Arizona, En Banc.

March 5, 2013.

Attorney(s) appearing for the Case

Lewis and Roca LLP By John C. Hinderaker , Kimberly A. Demarchi , Jeffrey L. Sklar , Tucson, Attorneys for Stagecoach Trails MHC, L.L.C.

Sims Murray By Jeffrey T. Murray , Kristin M. Mackin , Phoenix, Attorneys for City of Benson, City of Benson Board of Adjustment, and Brad Hamilton.

League of Arizona Cities and Towns By Joni L. Hoffman and Sorensen Law, PLLC By Lesli Sorensen , Phoenix, Attorneys for Amicus Curiae League of Arizona Cities and Towns.

OPINION

BALES, Vice Chief Justice.

¶ 1 This case involves Stagecoach Trails MHC, L.L.C.'s quest for a permit to install a new home in its manufactured home park after a space became vacant. A key issue is whether the entire park, or only an individual space therein, is a nonconforming use, exempt under A.R.S. § 9-462.02(A) from complying with provisions of the City of Benson's zoning code. The trial court ruled that the entire park is a nonconforming...

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