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WALTZ HEALING v. AZ DEPT. OF HEALTH SVCS.

No. 1 CA-CV 18-0135.

433 P.3d 14 (2018)

805 Ariz. Adv. Rep. 28

WALTZ HEALING CENTER, INC, Plaintiff/Appellant, v. ARIZONA DEPARTMENT OF HEALTH SERVICES, Defendant/Appellee.

Court of Appeals of Arizona, Division 1.

FILED December 4, 2018.

Attorney(s) appearing for the Case

Barrett & Matura, PC, Scottsdale, By Jeffrey Matura , Melissa J. England , Tabitha R. Myers , Counsel for Plaintiff/Appellant.

Sherman & Howard, LLC, Phoenix, By Gregory W. Falls , Matthew A. Hesketh , Counsel for Defendant/Appellee.

Presiding Judge Diane M. Johnsen delivered the opinion of the Court, in which Judge Randall M. Howe and Judge Paul J. McMurdie joined.

OPINION

¶ 1 The Arizona Department of Health Services denied an application for a medical marijuana dispensary registration certificate because the applicant failed to comply with a legal requirement to show that the dispensary's proposed location "is in compliance with" local zoning restrictions. The applicant appealed...

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