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ARKULES v. BOARD OF ADJUSTMENT

No. 2 CA-CV 88-0349.

161 Ariz. 598 (1989)

780 P.2d 431

Bernard ARKULES and Barbara Arkules, Plaintiffs/Appellees/Cross-Appellants, v. BOARD OF ADJUSTMENT OF the TOWN OF PARADISE VALLEY and Sam DeMuro, Defendants/Appellants/Cross-Appellees.

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

Review Denied October 11, 1989.

Attorney(s) appearing for the Case

Bernard C. Arkules, Paradise Valley, for plaintiffs/appellees/cross-appellants.

Charles G. Ollinger, Paradise Valley, for defendant/appellant/cross-appellee Town of Paradise Valley Bd. of Adjustment.

Beus, Gilbert, Wake & Morrill by Neil Vincent Wake, and Glenn Bayler Jenks, Phoenix, for defendant/appellant/cross-appellee DeMuro.

OPINION

LACAGNINA, Chief Judge.

This appeal arises from a special order entered after final judgment on remand from a previous appeal. Both parties appeal from the order of the superior court. Sam DeMuro and the Board of Adjustment of the Town of Paradise Valley argue that the superior court has no authority to permit the filing of an amended complaint seeking an injunction against DeMuro because it lacks subject...

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