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CIRCLE K CORP. v. CITY OF MESA

No. 1 CA-CV 88-205.

166 Ariz. 464 (1990)

803 P.2d 457

The CIRCLE K CORPORATION, a Texas corporation, real party in interest; Maxicraft, Inc., an Arizona corporation, nominal party, Plaintiffs-Appellants, v. The CITY OF MESA, an Arizona municipal corporation; the City of Mesa Board of Adjustment, a governmental subdivision of the City of Mesa; John Freeman, Frank DeRosa, Darl J. Andersen, Terry Delley, Kay Tennison, Helen T. Stortz, Dick Woelkers, in their capacity as acting members of the City of Mesa Board of Adjustment; and Jay Addington, in his capacity as Superintendent of Building Inspections, Defendants-Appellees.

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

December 18, 1990.

Attorney(s) appearing for the Case

Streich, Lang, Weeks & Cardon by Thomas R. Canham, Phoenix, for plaintiffs-appellants.

Shelley & Bethea by J. LaMar Shelley, Mesa, for defendants-appellees.

OPINION

GRANT, Chief Judge.

This appeal concerns the validity of a Mesa zoning ordinance which requires the elimination or modification of a nonconforming sign as a condition to erecting a separate conforming sign on the same property. Appellants Circle K Corporation (Circle K) and Maxicraft, Inc. (Maxicraft) raise two challenges to the ordinance: 1) whether the ordinance conflicts with A.R.S. § 9-462.02, and...

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