Center Bay Gardens, L.L.C. v. City of Tempe City Council

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 ease.

I

¶2 Plaintiffs-Appellants Center Bay Gardens, L.L.C., Wood River University Square, L.L.C., and University Pointe Limited Partnership, (collectively “Center Bay”) each own one of three apartment complexes on East Lemon Street in Tempe. The apartment complex that is the subject of the proposed…