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PIMA COUNTY v. CLEAR CHANNEL OUTDOOR, INC.

No. 2 CA-CV 2005-0025.

127 P.3d 64 (2006)

212 Ariz. 48

PIMA COUNTY, a body politic and corporate, and Pima County Board of Supervisors, Plaintiffs/Counterdefendants/Appellants, v. CLEAR CHANNEL OUTDOOR, INC., formerly known as Eller Media, Defendant/Counterclaimant/Appellee.

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

January 25, 2006.

Attorney(s) appearing for the Case

Barbara LaWall, Pima County Attorney by Christopher Straub and Amelia Craig Cramer, Tucson, for Plaintiffs/Counterdefendants/Appellants.

Munger Chadwick, P.L.C. by John F. Munger and Evelyn Patrick Rick, Tucson, for Defendant/Counterclaimant/Appellee.

Michael G. Rankin, Tucson City Attorney by Frank William Kern III and Dennis P. McLaughlin, Tucson, for Amicus Curiae City of Tucson.

Arizona Center for Law in the Public Interest by Joy Herr-Cardillo, Tucson, for Amici Curiae Neighborhood Coalition of Greater Tucson, Sierra Club, Rincon Group, and Luz Social Services.

George E. Silva, Santa Cruz County Attorney by Michael Massee, Nogales, for Amici Curiae County Supervisors Association of Arizona and Santa Cruz County.

OPINION

HOWARD, Presiding Judge.

¶ 1 Appellant Pima County challenges the trial court's grant of summary judgment in favor of appellee Clear Channel Outdoor, Inc. Pima County claims the trial court erred by concluding that the billboards Clear Channel erected to replace billboards removed pursuant to condemnation were exempt from Pima County's building and zoning regulations and that Pima County was bound by issue preclusion because of a prior memorandum...

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