Legal Opinion
City of Glendale v. Aldabbagh
Court of Appeals of Arizona
Decided December 17, 1996No. 1 CA-CV 95-0401PublishedCited by 2 opinions
1Opinion of the Court
*237OPINION
VOSS, Judge.
The sole issue on appeal is whether Glendale Zoning Ordinance section 7(d) (1971) (section 7(d)) allows the City of Glendale (Glendale) to terminate a nonconforming use based merely upon a period of nonuse without a showing of the owner’s intent to abandon the use. We hold section 7(d) creates a rebuttable presumption of abandonment.
In 1978, Glendale amended its zoning ordinance. One affected use was Foxy’s Show Club (the club) operated by Amer Aldabbagh. Although the club was in violation of the amended zoning ordinance, it was allowed to continue its operation as a legal,…
2Cases cited28 opinions
- Stanley v. IllinoisSupreme Court of the United States · 1972
- Cleveland Board of Education v. LaFleurSupreme Court of the United States · 1974
- Vlandis v. KlineSupreme Court of the United States · 1973
- Arizona Downs v. Arizona Horsemen's FoundationArizona Supreme Court · 1981
- City of Los Angeles v. GageCalifornia Court of Appeal · 1954
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3Cited by2 opinions
- City of Glendale v. AldabbaghArizona Supreme Court · 1997
- City of Glendale v. AldabbaghCourt of Appeals of Arizona · 1996