City of Phoenix v. SUPERIOR COURT, CTY. OF MARICOPA

HAYS, Chief Justice.

This is a special action brought in this court by the City of Phoenix against the Superior Court of Maricopa County. The real respondents in interest are Sidney Rosen, a Phoenix attorney, and his wife.

The only issue raised is whether the Superior Court, in a petition for special ac tion in the nature of a petition for a writ of certiorari, directed to the Phoenix [Zoning] Board of Adjustment, may hold a trial de novo, or whether it is limited to reviewing the record made before the Board of Adjustment.

In April of 1971, Mr. Rosen purchased a house located at 119 East…