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BOOK-CELLAR, INC. v. CITY OF PHOENIX

No. 2 CA-CIV 5697.

150 Ariz. 42 (1986)

721 P.2d 1169

BOOK-CELLAR, INC., Petitioner/Appellant, v. CITY OF PHOENIX, Board of Adjustment of the City of Phoenix; and Larry Lazarus, Ernest Nedd, Jr., Ronald Bookbinder, Barbara Jarvis, Herman Orcutt, Albert Rogahn and Marie Peipelman, as Members of the Board of Adjustment, Respondents/Appellees.

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

Reconsideration Denied May 27, 1986.

Attorney(s) appearing for the Case

Richard J. Hertzberg, Phoenix, for petitioner/appellant.

Phoenix City Atty. by Edward P. Reeder, Phoenix, for respondents/appellees.

OPINION

HATHAWAY, Chief Judge.

Appellant operates The Owl Bookstore, an adult bookstore on Grand Avenue in Phoenix, Arizona. It wishes to relocate the business to another address on the opposite side of Grand Avenue. Both sites are zoned C-3, a general commercial zoning designation for intensive commercial uses. Phoenix's adult use zoning ordinance, § 417(B)(2), does not allow an adult business to be located...

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