Arizona Court of Appeals: Residents’ personal knowledge and experience adequately supported denial of SOB use permit
Treulich’s Plaza, LLC v. City of Phoenix, No. 1 CA-CV 09-0025, 2009 WL 4981478 (Ariz. App. Div. 1, Dec. 22, 2009)
The Arizona Court of Appeals affirmed a Superior Court ruling holding that the City of Phoenix Board of Adjustment presented “competent” evidence justifying its refusal to grant a use permit for live sexually oriented entertainment on grounds that it would “contribute in a measurable way to the deterioration of the neighborhood or downgrade property values.” See chapter six of the Phoenix Zoning Code. The Court held that “competent” evidence can be based on personal knowledge and experience:
Individuals who wrote and spoke out against the permit . . . were competent to opine regarding their property values. They also offered valuable insight into unique attributes of the neighborhood, including its history of violent crime and prostitution and crime-reduction efforts that have been successful in reducing such problems . . . [and] linked their concerns directly to unique characteristics of the neighborhood and this specific project.