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M & M AUTO STORAGE POOL v. CHEM. WASTE

No. 1 CA-CV 88-005.

164 Ariz. 139 (1990)

791 P.2d 665

M & M AUTO STORAGE POOL, INC., an Arizona corporation, Plaintiff-Appellee, and City of Phoenix, a municipal corporation; City of Phoenix Board of Adjustments, Defendants-Appellees, v. CHEMICAL WASTE MANAGEMENT, INC., Defendant-Appellant.

Court of Appeals of Arizona, Division 1, Department E.

May 1, 1990.

Attorney(s) appearing for the Case

Fay & Webb by Richard E. Fay, Phoenix, for plaintiff-appellee.

Edward P. Reeder, Asst. City Atty., Phoenix, for defendants-appellees.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.A. by Scott E. Boehm, Philip C. Gerard and Laurence A. McHugh, Phoenix, for defendant-appellant.

OPINION

SHELLEY, Judge.

This appeal is from a superior court order in a special action proceeding remanding a zoning application to the City of Phoenix Board of Adjustments. The order directs board members to clarify their vote on the application of a hazardous waste storage business to maintain its facility in an A-1 zone or alternatively, that the application be determined by a newly constituted Board of Adjustments. The primary issue on appeal is whether...

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