City of Scottsdale v. Scottsdale Associated Merchants, Inc.

HOLOHAN, Justice.

Scottsdale Associated Merchants, appel-lee, brought a declaratory judgment action seeking to have Scottsdale’s zoning ordinance for nonconforming signs declared illegal. After both parties had filed cross motions for summary judgment the trial court ruled in favor of appellee and entered judgment, enjoining the city from enforcing the ordinance. The City of Scottsdale filed a timely appeal. We took jurisdiction pursuant to 17A A.R.S. Sup.Ct.Rules, rule 47(e)(5).

In 1973 the city charter of the City of Scottsdale was amended to provide for the removal of all signs which did not…