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CIRCLE K CONVENIENCE STORES v. PHOENIX

No. 2 CA-CV 90-0097.

178 Ariz. 102 (1993)

870 P.2d 1198

CIRCLE K CONVENIENCE STORES, INC., a corporation, Plaintiff/Appellee, v. CITY OF PHOENIX, a municipal corporation; Terry Goddard, Mayor; William S. Parks, M.D., Councilman; Duane Pell, Councilman; Paul Johnson, Councilman; John B. Nelson, Councilman; Howard Adams, Councilman; Linda Nadolski, Councilwoman; Mary Rose Wilcox, Councilwoman; Calvin C. Goode, Councilman, Defendants/Appellants.

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

Review Denied April 19, 1994.

Attorney(s) appearing for the Case

Perry, Pierson & Kolsrud by Russell A. Kolsrud, Phoenix, for plaintiff/appellee.

Roderick G. McDougall, Phoenix City Atty. by Edward P. Reeder, Phoenix, for defendants/appellants.

OPINION

DRUKE, Chief Judge.

In this appeal, we decide that The Circle K Corporation (Circle K)1 is not entitled to recover attorney's fees from the City of Phoenix under A.R.S. § 12-2030. The undisputed facts are as follows.

In early June 1988, Circle K applied to the city for a beer and wine permit. On June 30, the permit was denied by the city's zoning administrator. Circle K appealed to the board of...

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