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CENTER BAY GARDENS, L.L.C. v. CITY OF TEMPE CITY COUNCIL

No. 1 CA-CV 05-0460.

153 P.3d 374 (2007)

CENTER BAY GARDENS, L.L.C., an Arizona limited liability company; Wood River University Square, L.L.C., an Arizona limited liability company; University Pointe Limited Partnership, an Arizona limited partnership, Plaintiffs/Appellants, v. CITY OF TEMPE CITY COUNCIL; City of Tempe, Arizona, a municipal corporation; 1010 E. Lemon, L.L.C., as successor in interest of University Mobile Home Park, L.L.C., Defendants/Appellees.

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

As Amended February 6, 2007.

Attorney(s) appearing for the Case

Gammage & Burnham, P.L.C. By Cameron C. Artigue, Phoenix, Ellen M. Van Riper, Phoenix, Co-Counsel for Plaintiffs/Appellants.

Tempe City Attorney's Office By Marlene A. Pontrelli, Clifford L. Mattice, Janis L. Bladine, Tempe, Attorneys for Defendants/Appellees Tempe.

Richardson & Richardson PC By William R. Richardson, Wilford R. Richardson, Mesa, Attorneys for Defendants/Appellees 1010 E. Lemon L.L.C.

OPINION

BARKER, Judge.

¶ 1 We address in this opinion the issue of standing as applied to those seeking to challenge zoning variances granted by a city council to an adjacent property owner. For the reasons that follow, we reverse the trial court's decision finding a lack of standing in this case.

I.

¶ 2 Plaintiffs-Appellants Center Bay Gardens, L.L.C., Wood River University Square, L.L.C., and University Pointe Limited Partnership...

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