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MUTSCHLER v. CITY OF PHOENIX

No. 1 CA-CV 04-0203.

129 P.3d 71 (2006)

212 Ariz. 160

G. Robert MUTSCHLER, Jr., a single man; Willian ("Billie") Markus, a single woman; Guys & Dolls, LLC, an Arizona limited liability company, Plaintiffs-Appellants, v. CITY OF PHOENIX, a municipality, Defendant-Appellee.

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

February 14, 2006.

Attorney(s) appearing for the Case

Berens, Kozub, Lord & Kloberdanz, PLC by Daniel L. Kloberdanz, Scottsdale, Attorneys for Appellant.

Peter Van Haren, Phoenix City Attorney by James H. Hays, Phoenix, Attorneys for Appellee.

OPINION

HALL, Presiding Judge.

¶ 1 Appellants Robert G. Mutschler, Jr. and Willian Markus appeal from the order entered by the superior court in favor of the City of Phoenix (City) granting the City's motion to dismiss appellants' regulatory taking claim. Concluding that no Fifth Amendment "taking" of property occurred when the City raided appellants' live sex act business and effectively closed it, we affirm.

FACTS AND PROCEDURAL HISTORY<...

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