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BROWN v. CITY OF PHOENIX

Nos. 1 CA-CV 23-0273, 1 CA-CV 23-0689 (Consolidated).

557 P.3d 321 (2024)

Freddy BROWN, et al., Plaintiffs/Appellees, v. CITY OF PHOENIX, Defendant/Appellant.

Court of Appeals of Arizona, Division 1.

Filed August 27, 2024.

Attorney(s) appearing for the Case

Pierce Coleman PLLC, Scottsdale, By Justin S. Pierce, Aaron D. Arnson, Trish Stuhan, Stephen B. Coleman, Counsel for Defendant/Appellant.

Tully Bailey LLP, Phoenix, By Ilan Wurman, Stephen W. Tully, Michael Bailey, Counsel for Plaintiffs/Appellees.

Presiding Judge Samuel A. Thumma delivered the opinion of the Court, in which Judge Jennifer B. Campbell and Judge Michael J. Brown joined.

OPINION

¶1 These consolidated appeals turn on whether the superior court properly required the City of Phoenix to clear homeless encampments on land the City owns in an area called "the Zone." Resolution of this appeal implicates whether the City "created and maintained a public nuisance" in the Zone, whether the court...

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