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SEDONA GRAND, LLC v. CITY OF SEDONA

No. 1 CA-CV 10-0782.

270 P.3d 864 (2012)

SEDONA GRAND, LLC, Plaintiff/Appellant-Cross Appellee, v. CITY OF SEDONA, Defendant/Appellee-Cross Appellant.

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

February 7, 2012.

Attorney(s) appearing for the Case

Stephen H. Schwartz, Sedona, Attorney for Plaintiff/Appellant-Cross Appellee.

LaSota & Peters PLC By Jeffrey T. Murray, Kristin M. Mackin, Phoenix, Attorneys for Defendant/Appellee-Cross Appellant.

OPINION

SWANN, Judge.

¶ 1 This case requires us to determine whether a municipal land use ordinance is exempt as a matter of law from the strictures of the Private Property Rights Protection Act, A.R.S. §§ 12-1131 through 12-1138 (the "Act"), whenever the law's stated purpose is to promote public health and safety. We hold that a mere declaration of purpose is insufficient to invoke the exemption, and that a government entity seeking to avoid...

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