Legal Opinion

Stagecoach Trails Mhc, L.L.C. v. City of Benson

Court of Appeals of Arizona

Decided July 19, 2013No. 2 CA-CV 2011-0085PublishedCited by 10 opinions

1Opinion of the Court

OPINION

ESPINOSA, Judge.

¶ 1 The Arizona Supreme Court has remanded this zoning-enforcement case for this court to determine whether a mobile-home park as a whole, or only its individual constituent spaces, can be considered a nonconforming use under A.R.S. § 9-462.02(A). Stagecoach Trails MHC, L.L.C. v. City of Benson, 231 Ariz. 366, ¶ 17, 295 P.3d 943, 947 (2013). We have done so and conclude, as a matter of law, that a mobile-home park in its entirety is entitled to nonconforming-use status. But because the record is insufficient to determine whether the mobile-home park in this case was a…

2Cases cited17 opinions

  1. State v. EllisonArizona Supreme Court · 2006
  2. City of Tucson v. Clear Channel Outdoor, Inc.Court of Appeals of Arizona · 2008
  3. State v. SchackartArizona Supreme Court · 1997
  4. State v. RossiArizona Supreme Court · 1987
  5. City of Tempe v. Outdoor Systems, Inc.Court of Appeals of Arizona · 2001

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3Cited by10 opinions

  1. Cleveland MHC, LLC v. City of Richland, MississippiMississippi Supreme Court · 2015
  2. Cleveland MHC, LLC v. City of RichlandCourt of Appeals of Mississippi · 2014
  3. Alexandra K. v. DcsCourt of Appeals of Arizona · 2019
  4. Arizona Republican Party v. RicherCourt of Appeals of Arizona · 2023
  5. Arizona Republican Party v. RicherCourt of Appeals of Arizona · 2023

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