Legal Opinion
Mutschler v. City of Phoenix
Court of Appeals of Arizona
Decided February 14, 2006No. 1 CA-CV 04-0203PublishedCited by 16 opinions
1Opinion of the Court
OPINION
HALL, Presiding Judge.
¶ 1 Appellants Robert G. Mutschler, Jr. and Willian Markus appeal from the order entered by the superior court in favor of the City of Phoenix (City) granting the City’s motion to dismiss appellants’ regulatory taking claim. Concluding that no Fifth Amendment “taking” of property occurred when the City raided appellants’ live sex act business and effectively closed it, we affirm.
FACTS AND PROCEDURAL HISTORY
¶2 In 1998 the Phoenix City Council adopted an Ordinance that made the operation of a live sex act business illegal in the City. See Phoenix Ariz., Ordinance…
2Cases cited28 opinions
- Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
- Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
- Mugler v. KansasSupreme Court of the United States · 1887
- Agins v. City of TiburonSupreme Court of the United States · 1980
- Lingle v. Chevron U. S. A. Inc.Supreme Court of the United States · 2005
23 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- City of Tucson v. Clear Channel Outdoor, Inc.Court of Appeals of Arizona · 2008
- KB Home Tucson, Inc. v. Charter Oak Fire InsuranceCourt of Appeals of Arizona · 2014
- State v. Mabery Ranch, Co., L.L.C.Court of Appeals of Arizona · 2007
- Chavez v. BrewerCourt of Appeals of Arizona · 2009
- Dos Picos Land Ltd. Partnership v. Pima CountyCourt of Appeals of Arizona · 2010
11 more not listed; retrieve them via the Exa API.