Jachimek v. Superior Court

169 Ariz. 317 (1991)

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Jachimek v. Superior Court

Arizona Supreme Court
169 Ariz. 317 (1991)

Facts

William Jachimek (plaintiff) owned a building in Phoenix, Arizona that he wanted to lease for use as a pawn shop. The building was zoned commercial C-2, a zone in which pawn shops were ordinarily permitted. However, the City of Phoenix (the city) had passed an ordinance creating a so-called inebriate district in the area where Jachimek’s building was located. The ordinance required owners to obtain use permits for pawn shops, alcohol sales, blood banks, and similar uses that would otherwise be permitted in a C-2 district. The city denied Jachimek’s application for a use permit, and Jachimek sued to have the ordinance declared invalid. The trial court upheld the ordinance, reasoning that the city had the statutory power to create a unique zoning district. The court of appeals declined to review the matter, and Jachimek appealed to the Arizona Supreme Court. Jachimek argued that the ordinance impermissibly treated property in the inebriate district differently than it treated C-2 property in other areas of the city.

Rule of Law

Issue

Holding and Reasoning (Gordon, C.J.)

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