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STAGECOACH TRAILS MHC v. CITY OF BENSON

No. 2 CA-CV 2011-0085.

307 P.3d 989 (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.

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

July 19, 2013.

Attorney(s) appearing for the Case

Lewis and Roca LLP by John C. Hinderaker and Jeffrey L. Sklar , Tucson, Attorneys for Plaintiff/Appellee.

Michael J. Massee , Benson City Attorney, Nogales, and Sims Murray Ltd. by Jeffrey T. Murray and Kristin M. Mackin , Phoenix, Attorneys for Defendants/Appellants.

OPINION

ESPINOSA, Judge.

¶ 1 The Arizona Supreme Court has remanded this zoning-enforcement case for this court to determine whether a mobile-home park as a whole, or only its individual constituent spaces, can be considered a nonconforming use under A.R.S. § 9-462.02(A). Stagecoach Trails MHC, L.L.C. v. City of Benson, 231 Ariz. 366, ¶ 17, 295 P.3d 943, 947...

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