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LANE v. CITY OF PHOENIX

No. 1 CA-CV 90-067.

169 Ariz. 37 (1991)

816 P.2d 934

Wade H. LANE and Barbara Lee Lane, Petitioners-Appellants, v. The CITY OF PHOENIX, Mayor Terry Goddard, William S. Parks, M.D., Duane Pell, Paul Johnson, John B. Nelson, Howard Adams, Linda Nadolski, Mary Rose Wilcox, and Calvin C. Goode, Respondents-Appellees.

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

August 22, 1991.

Attorney(s) appearing for the Case

Charles A. Ditsch, Phoenix, for petitioners-appellants.

Roderick G. McDougall, City Atty. by Michael D. House, Asst. Chief Counsel, Edward P. Reeder, Asst. City Atty., Phoenix, for respondents-appellees.

OPINION

HAIRE, Judge.

Appellants Wade H. and Barbara Lee Lane (property owners) have appealed from a judgment entered by the Maricopa County Superior Court dismissing their special action and affirming the Phoenix City Council's decision holding that the use of their property as a commercial dog kennel was not a valid nonconforming use under the City's zoning ordinances.

The issue that is dispositive of this appeal is whether the Phoenix City Council...

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