State v. Alawy

OPINION

EHRLICH, Judge.

¶ 1 Munadhil D. Alawy was convicted in Mesa Municipal Court of violating Mesa City Code Zoning Regulation (“M.C.C.”) section ll-7-6(A), which prohibits the residential use of property zoned for an industrial purpose. For this class 1 misdemeanor, M.C.C. § 11-1-5(B), the court imposed three years of probation, including ten days in jail, of which nine days were suspended, and a fine of $1500 plus surcharges.

¶2 On appeal to the Maricopa County Superior Court, Alawy argued that M.C.C. section ll-7-6(A) is unconstitutionally vague and overbroad. The superior court affirmed…