Circle K Convenience Stores, Inc. v. City of Phoenix

OPINION

DRUKE, Chief Judge.

In this appeal, we decide that The Circle K Corporation (Circle K) 1 is not entitled to recover attorney’s fees from the City of Phoenix under A.R.S. § 12-2030. The undisputed facts are as follows.

In early June 1988, Circle K applied to the city for a beer and wine permit. On June 30, the permit was denied by the city’s zoning administrator. Circle K appealed to the board of adjustment, which granted the permit on September 1. On September 8, the board’s decision was appealed to the city council. It conducted a de novo review on November 2, 1988, and reversed the…