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ARCADIA OSBORN v. CLEAR CHANNEL OUTDOOR

No. 1 CA-CV 22-0464.

535 P.3d 932 (2023)

ARCADIA OSBORN NEIGHBORHOOD, et al., Plaintiffs/Appellants, v. CLEAR CHANNEL OUTDOOR, LLC, Defendants/Appellees.

Court of Appeals of Arizona, Division 1.

Filed August 15, 2023.

Attorney(s) appearing for the Case

Richard Mario Storkan Attorney at Law, Tempe, By Richard Mario Storkan , Co-Counsel for Plaintiffs/Appellants Arcadia, et al.

Kimberly W. MacEachern, Phoenix, By Kimberly W. MacEachern , Co-Counsel for Plaintiffs/Appellants Arcadia, et al.

Neal Haddad , Phoenix, Plaintiff/Appellant.

Harvey Shulman , Phoenix, Plaintiff/Appellant.

Osborn Maledon PA, Phoenix, By Eric M. Fraser , Hayleigh S. Crawford , Counsel for Defendant/Appellee Clear Channel Outdoor LLC.

Burch & Cracchiolo, By Andrew Abraham , Daryl Manhart , Counsel for Defendant/Appellee J & R Holdings VI LLC.

Phoenix City Attorney's Office, By Paul M. Li , Counsel for Defendant/Appellee City of Phoenix.

League of Arizona Cities and Towns, By Nancy Davidson , Counsel for Amicus Curiae League of AZ Citi es.

Bowman and Brooke LLP, Phoenix, By Amanda E. Heitz , Kendra L. Cobb , Counsel for Amicus Curiae Out of Home Advertising.

Judge James B. Morse Jr. delivered the opinion of the Court, in which Presiding Judge Maria Elena Cruz and Judge Daniel J. Kiley joined.

OPINION

¶1 The City of Phoenix Board of Adjustment ("Board") granted five use permits and a variance to allow Clear Channel Outdoor, LLC ("Clear Channel") to relocate three billboards onto the facade of a newly planned building and to convert two of the billboards from static to digital. Harvey Shulman, Neal Haddad,...

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