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Agenda - Council - 10/14/2025
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Agenda - Council - 10/14/2025
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11/6/2025 4:22:40 PM
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Meeting Type
Council
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10/14/2025
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ARCADIA OSBORN, et aI. v. CLEAR CHANNEL, et al. <br />Opinion of the Court <br />rejected that line of cases. See Ariz, Sch. Bds, Ass'n, Inc. v. State, 252 Ariz. <br />219, 224, ¶ 18 (2022) (disavowing the trial court's reliance on Vane del Sol <br />Inc, v. Whiting, 732 F.3d 1006 (9th Cir. 2013)). Instead, in Arizona, <br />organizations "cannot establish standing if the only injury arises from the <br />effect of a challenged action on the organizations' lobbying activities, or <br />when the service impaired is pure issue -advocacy." Id. (quoting Equal <br />Means Equal v. Ferreiro, 3 F.4th 24, 30 (1st Cir. 2021)) (cleaned up). AONA's <br />efforts to limit digital -billboard conversion— such as organizing neighbors <br />for the purpose of preserving the character of the neighborhood, serving as <br />a source of information gathering and dissemination, and promoting <br />neighborhood goals and objectives as they relate to transportation issues — <br />are pure issue advocacy, and granting standing on that basis would <br />"eviscerat[e] the standing requirement ...." Id <br />¶29 The second allegation of harm fails for the same reason as the <br />Individual Plaintiffs' allegation of individualized harm. See Supra ¶ 12. <br />AONA does not claim its members are damaged by a special use of the <br />subject intersection. Instead, it relies on their frequency of use and reliance <br />on the intersection for commuter travelaninterest shared by all <br />commuters that travel through the area. As stated above, it is not enough <br />to show that its members suffered the same kind of harm or interference as <br />the general public but to a greater extent or degree. Sears, 192 Ariz. at 70, <br />¶ 19; see also Hopi Tribe, 245 Ariz. at 401, ¶ 13. <br />III. Standing to Seek Declaratory Relief. <br />¶30 Appellants further claim the superior court erred in denying <br />them standing under the Arizona Declaratory Judgments Act ("ADJA"). <br />The ADJA allows "[a]ny person ... whose rights, status or other legal <br />relations are affected by a ... municipal ordinance" to "obtain a declaration <br />of rights, status or other legal relations thereunder." A.R.S. § 12-1832. <br />¶31 The First Amended Complaint mentions the ADJA, but does <br />not include an allegation that plaintiffs' "rights, status or other legal <br />relations are affected by" the Phoenix Zoning Ordinance or any other <br />municipal ordinance. See id. Instead, on nine of the twelve counts raised in <br />the Complaint, plaintiffs seek "declaratory judgment that Defendant Board <br />acted in excess of legal authority.' But in considering a motion to dismiss <br />under Arizona Rules of Civil Procedure 12(b) (6), "the prayer is not part of <br />the complaint." Citizens' Comm. for Recall of Jack Williams v. Marston, 109 <br />Ariz, 188,192 (1973). And even if it were, using declaratory language does <br />not transform a special -action challenge to an action seeking declaratory <br />judgment. See Lecky v. Staley, 6 Ariz. App. 556, 558-59 (1967) (holding that <br />9 <br />
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