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SCENIC ARIZONA v. PHOENIX BD. OF ADJUSTMENT

No. 1 CA-CV 09-0489.

268 P.3d 370 (2011)

SCENIC ARIZONA, an Arizona corporation; Neighborhood Coalition of Greater Phoenix, an Arizona corporation, Plaintiffs/Appellants/Cross-Appellees, v. CITY OF PHOENIX BOARD OF ADJUSTMENT, a municipal agency, Defendant/Appellee, American Outdoor Advertising, Inc., an Arizona corporation, Defendant/Appellee/Cross-Appellant.

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

As Amended February 9, 2012.

Attorney(s) appearing for the Case

Gammage & Burnham, P.L.C. By Cameron C. Artigue and Carolyn V. Williams, Phoenix, Attorneys for Plaintiffs/Appellants/Cross-Appellees.

Gary Verburg, Office of the City Attorney By L. Michael Hamblin, Phoenix, Attorneys for Defendant/Appellee City of Phoenix.

Shorall McGoldrick Brinkmann, PC By Thomas J. Shorall, Jr., and Asa William Markel, Phoenix, Attorneys for Defendant/Appellee/Cross-Appellant American Outdoor Advertising.

Rogers Towers, P.A., By William D. Brinton, Pro Hac Vice, Jacksonville, FL, Arizona Center for Law in the Public Interest By Joy E. Herr-Cardillo, Tucson, Attorneys for Amicus Curiae The Sierra Club and Scenic America.

Quarles & Brady L.L.P. By Kevin D. Quigley, David E. Funkhouser, III and Sarah R. Anchors, Phoenix, Attorneys for Amicus Curiae Clear Channel Outdoor, Inc.

Thomas C. Horne, Arizona Attorney General By Bryan B. Perry, Assistant Attorney General, Phoenix, Attorneys for Amicus Curiae Arizona Department of Transportation.

OPINION

BROWN, Judge.

¶ 1 The City of Phoenix Board of Adjustment ("Board") granted a use permit to American Outdoor Advertising, Inc. ("American Outdoor") to operate an electronic billboard adjacent to Interstate 17.1 The Neighborhood Coalition of Greater Phoenix, along with Scenic Arizona,2 petitioned for special action in the superior court, asserting

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