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Homeowners File Lawsuit Against City

Residents Concerned About Possible Parking Lot Built In Neighborhood

POSTED: 4:22 pm MST March 9, 2010
UPDATED: 7:26 am MST March 10, 2010

The potential for a parking lot popping up around the corner has led some residents of a Valley neighborhood to file a lawsuit against the city of Phoenix.

They are worried about what might be built in the near future along Mariposa Street, off Camelback Road and 32nd Street, in Phoenix.

"I'm all for development where it makes sense," said neighbor Alyce Neal, "but this is a very established old neighborhood with great residents here and it would be a mistake to put in a parking lot."

Residents are making a preemptive strike against any future development.

According to city officials, it was in the 1980s that a developer planned to tear down three residential properties on Mariposa Street, with plans to build something big, but the deal fell through.

The lawsuit claims the city was careless not to revert the zoning back to residential when developers failed to build a parking structure. Neighbors are now asking the city to do what they should have done a long time ago.

Homeowner Mario Bayne, however, disagrees. He owns one of the three homes currently zoned for commercial development.

Bayne has no plans to move, but if he does, he wants the options he was granted when he bought the house 14 years ago.

"My biggest issue is, there's something fundamentally wrong, in my opinion, with other individuals making a decision pertaining to my property," said Bayne.

Bayne insists his two neighbors feel the same way and they plan on expressing their concerns at a zoning hearing to address the issue on Wednesday.

City officials will have the option to keep the zoning "as is" or revert it back to residential.

Neal said all they want is the piece of mind that their nice quiet street can never become a parking lot.

The planning commission meeting to discuss the zoning issue is open to the public.

It will be held at 6 p.m. Wednesday in Phoenix City Council chambers at 200 West Jefferson St. in downtown Phoenix.

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