PAWN 1ST, LLC v. CITY OF PHOENIX

No. CV-16-0107-PR.

399 P.3d 94 (2017)

PAWN 1ST, LLC, an Arizona limited liability company, Plaintiff/Appellant, v. CITY OF PHOENIX, a political subdivision of the State of Arizona; Board of Adjustment of the City of Phoenix; and Bob Ford; Emilio Gaynor; Patrick Paul; Alex Tauber; Yvonne Hunter; Bettina Nava; and Emily Ryan, as members of and constituting the Board of Adjustment of the City of Phoenix, Defendants/Appellees, William Jachimek dba Central Pawn, Real Party in Interest/Appellee.

Supreme Court of Arizona.

Filed August 10, 2017.


Attorney(s) appearing for the Case

Thomas M. Baker , Baker & Baker, Phoenix, Attorney for Pawn 1st, LLC.

Brad Holm , Phoenix City Attorney, Les S. Tuskai (argued), Paul Li , Assistant City Attorneys, Phoenix, Attorneys for City of Phoenix, Board of Adjustment of the City of Phoenix, Bob Ford, Emilio Gaynor, Patrick Paul, Alex Tauber, Yvonne Hunter, Bettina Nava and Emily Ryan.

Claudio E. Iannitelli , John C. Marcolini (argued), Cheifetz Iannitelli Marcolini, P.C., Phoenix, Attorneys for William Jachimek dba Central Pawn.

Nicholas J. Wood , Adam E. Lang , Brianna L. Long , Snell & Wilmer, L.L.P., Phoenix, Attorneys for Amicus Curiae American Planning Association, Arizona Chapter.

JUSTICE LOPEZ authored the opinion of the Court, in which CHIEF JUSTICE BALES, VICE CHIEF JUSTICE PELANDER, and JUSTICES BRUTINEL, TIMMER, BOLICK, and GOULD joined.


¶ 1 This case concerns the standards a municipal zoning board applies in considering an application for a zoning variance. We hold that to obtain an area variance, an applicant must show that strictly applying a zoning ordinance will cause "peculiar and exceptional practical difficulties" that deprive a...

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