Blanchard v. Show Low Planning & Zoning Comm'n
In Blanchard v. Show Low Planning & Zoning Comm'n, 196 Ariz. 114, 117, P11, 993 P.2d 1078, 1081 (App. 1999), the plaintiffs lived and had a business within 750 feet of property that had been rezoned to permit construction of a Wal-Mart Supercenter. Blanchard, 196 Ariz. at 118, PP22-23, 993 P.2d at 1082.
The plaintiffs alleged that the use of their property would be adversely affected because of the greatly increased traffic, the noise and pollution from cars, a possible increase in crime, and the lights that would be illuminated in the Wal-Mart parking lot. Id. at P 23.
The court found that close proximity made it sufficiently likely that the damages alleged might affect their property, giving them standing. Id. at P 24.
In contrast, a second plaintiff in Blanchard owned property approximately 1,875 feet away from the proposed construction site. Id. at P 21.
This plaintiff only made "general allegations of harm" and relied on evidence of "general harm to the area around the parcel in the form of increased traffic and noise." Id.
The court held that such a showing was insufficient to find standing. Id.