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CITY OF TEMPE v. OUTDOOR SYSTEMS, INC.

No. 1 CA-CV-00-0242.

32 P.3d 31 (2001)

201 Ariz. 106

CITY OF TEMPE, a municipal corporation, Plaintiff, Counterdefendant-Appellant, v. OUTDOOR SYSTEMS, INC., a Delaware corporation; Aaron Rents, Inc., a Georgia corporation; Newport Associates, Inc., a New Mexico corporation, Defendants, Counterclaimants-Appellees.

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

September 25, 2001.

Attorney(s) appearing for the Case

C. Brad Woodford, Tempe City Attorney by Clifford L. Mattice, Assistant City Attorney, Tempe, for Plaintiff, Counterdefendant-Appellant.

Morrill & Aronson, P.L.C. by Martin A. Aronson and William D. Cleaveland, Phoenix, for Defendant, Counterclaimant-Appellee Outdoor Systems, Inc.

Jaburg & Wilk, P.C. by Stephen C. Rich, Phoenix, for Defendants, Counterclaimants-Appellees Aaron Rents, Inc. and Newport Associates, Inc.

OPINION

GARBARINO, Presiding Judge.

¶ 1 The City of Tempe appeals from the trial court's grant of summary judgment dismissing the City's complaint against Outdoor Systems, Inc. (OSI), Aaron Rents, Inc., and Newport Associates, Inc. (collectively the Defendants). The City's complaint alleged that OSI violated Arizona Revised Statutes (A.R.S.) § 9-462.02 (Supp.2000) and Tempe Zoning Ordinance No. 808 (1986) when it altered a billboard. We affirm...

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