Legal Opinion

Book Cellar, Inc. v. City of Phoenix

Court of Appeals of Arizona

Decided December 15, 1983No. 1 CA-CIV 5901PublishedCited by 1 opinion

1Opinion of the Court

OPINION

GRANT, Judge.

This is an appeal from the dismissal of appellant’s special action for failure to state a claim upon which relief could be granted. The issue raised is whether the superior court, pursuant to the Arizona Rules of Procedure for Special Actions (Rules), has jurisdiction to review a City of Phoenix Board of Adjustment decision to determine whether it was arbitrary, capricious, or an abuse of discretion. We find that the trial court erred in dismissing the action and remand for further proceedings.

On August 12, 1980, appellant, Book Cellar, Inc., filed an application asking…

2Cases cited10 opinions

  1. State v. Superior Court in and for County of MaricopaArizona Supreme Court · 1964
  2. State Ex Rel. Hyder v. SUPERIOR COURT, ETC.Arizona Supreme Court · 1981
  3. Arizona Department of Public Safety v. DowdCourt of Appeals of Arizona · 1977
  4. Rhodes v. ClarkArizona Supreme Court · 1962
  5. City of Phoenix v. SUPERIOR COURT, CTY. OF MARICOPAArizona Supreme Court · 1973

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3Cited by1 opinion

  1. Book Cellar, Inc. v. City of PhoenixCourt of Appeals of Arizona · 1983

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