Legal Opinion · Dissent

Mueller v. City of Phoenix Ex Rel. Phoenix Board of Adjustment II

Arizona Supreme Court

Decided December 11, 1967No. 8512Published

1DissentStruckmeyer, Justice

I cannot let the decision of the majority pass without expressing both disagreement with their conclusions and my dissatisfaction with the action of the Adjustment. Board of the City of Phoenix in granting a use permit for a night club type business in the center of one of the finest residential areas of the City of Phoenix.

The Ranch House Inn was originally an expensive home like other property on Central Avenue. As the attorney for appellants stated in his opening remarks to the City of Phoenix Adjustment Board:

“[T]o the north we have homes all up' Central Avenue in the $50,000 to $75,000…

2Cases cited18 opinions

  1. County of San Diego v. McClurkenCalifornia Supreme Court · 1951
  2. Hart v. Bayless Investment & Trading CompanyArizona Supreme Court · 1959
  3. Edmonds v. County of Los AngelesCalifornia Supreme Court · 1953
  4. Rehfeld v. City & County of San FranciscoCalifornia Supreme Court · 1933
  5. DeForest & Hotchkiss Co. v. Planning & Zoning CommissionSupreme Court of Connecticut · 1964

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