Town of Paradise Valley v. Gulf Leisure Corp.

OPINION

NELSON, Judge.

This is an appeal from a summary judgment granting the appellees declaratory and injunctive relief against the appellant regarding its purported arbitrary and capricious refusal to extend a “Special Use Permit”. The trial court declared the appellant’s actions void ab initio and unconstitutional and ordered the appellant to allow the appellees to continue construction of a 148-suite resort hotel.

The issues presented here are six-fold:

1. Were the actions taken and the reasons denominated by the appellant in refusing extension of the Special Use Permit arbitrary and…