Thomas and King, Inc. v. City of Phoenix

OPINION

LANKFORD, Judge.

¶ 1 Thomas and King, Inc. (“T & K”) appeals from the superior court’s judgment affirming the City of Phoenix Development Advisory Board’s (“Board”) denial of T & K’s Application for Modification from the Construction Code. The principal issue presented on appeal is whether a portion of a bar in a restaurant with moveable seats must be lowered to allow disabled patrons access pursuant to the 1997 Uniform Building Code (“UBC”). A second issue is whether T & K was entitled to a modification of any such requirement. We affirm the superior court’s correct application of the…