9.2. Board of adjustment proceedings.
9.2.1. Jurisdiction.
Actions in excess of the board's jurisdiction are null and void.
Nicolai v. Board of Adjustment, 55 Ariz. 283, 101 P.2d 199 (1940) (a board of adjustment is prohibited from granting a use variance)
Pawn 1st, LLC, v. City of Phoenix, 242 Ariz. 547, 399 P.3d 94 (2017) (a board of adjustment's authority is statutorily limited and a grant of a variance in excess of its statutory authority it is ultra vires and void)
Arkules v. Board of Adjustment, 151 Ariz. 438, 728 P.2d 657 (App. 1986) (board lacked jurisdiction to grant a variance that did not satisfy statutory requirements)
9.2.2. Nature of proceedings.
Although structured much like an administrative agency, the board of adjustment acts in a quasi-judicial capacity.
Scenic Arizona v. City of Phoenix Bd. of Adjustment, 228 Ariz. 419, 268 P.3d 370 (App. 2011) (board of adjustment acts in a quasi-judicial capacity)
Austin Shea (Arizona) 7th Street and Van Buren, L.L.C. v. City of Phoenix, 213 Ariz. 385, 142 P.3d 693 (App. 2006) (a board of adjustment acts in a quasi-judicial capacity)
Neal v. City of Kingman, 167 Ariz. 574, 810 P.2d 572 (App. 1990), vacated in part, 169 Ariz. 133, 817 P.2d 937 (1991)
Arkules v. Board of Adjustment, 151 Ariz. 438, 728 P.2d 657 (App. 1986)
P. F. West, Inc. v. Superior Court, 139 Ariz. 31, 676 P.2d 665 (App. 1984) (a county board of adjustment sits as an appellate administrative body)
Perper v. Pima County, 123 Ariz. 439, 600 P.2d 52 (App. 1979) (grant of a variance by a county board of adjustment...
