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HAYNES v. CITY OF TUCSON

No. 2 CA-CV 89-0057.

162 Ariz. 509 (1989)

784 P.2d 715

George HAYNES, a single man; Thomas Bergin, a single man; Jean Eisenhower and John Patterson, husband and wife; and Christopher Martin, a married man, Plaintiffs/Appellants, v. CITY OF TUCSON, a political subdivision of the State of Arizona; the Board of Adjustment of the City of Tucson; and Jackson Eddy and Mary Eddy, husband and wife, d/b/a Two Pesos Restaurant, Defendants/Appellees.

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

December 14, 1989.

Attorney(s) appearing for the Case

Gust, Rosenfeld & Henderson by Bruce L. Dusenberry and Kenet E. Chareau by Anne C. Graham, Tucson, for appellants.

Frederick S. Dean, City Atty. by Frank W. Kern, III, Tucson, for appellees City of Tucson and the Bd. of Adjustment of the City of Tucson.

Osmond Burton, Jr., Tucson, for appellees Eddy.

OPINION

LIVERMORE, Presiding Judge.

Jackson and Mary Eddy purchased commercially zoned vacant property at the corner of Euclid and University Avenues in Tucson, intending to build a restaurant there. Because the building they designed was so large that not enough property remained to provide the parking spaces required by the Tucson Zoning Code, they successfully sought a variance from the Board of Adjustment of the City of Tucson. The appellants, nearby residents...

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