Stagecoach Trails Mhc, L.L.C., Plaintiff/appellee v. City of Benson, a Municipal Corporation; City of Benson Board…

Summary

The court held that the trial court properly exercised jurisdiction over Stagecoach's initial and supplemental challenges because requiring another appeal to the Board of Adjustment would have been futile. It remanded for consideration of whether the entire manufactured home park or only space 27 constituted the nonconforming use. The court also held that Stagecoach could not recover attorney fees under the mandamus-fee statute because its claims challenged the zoning administrator's decisions rather than a failure to perform a nondiscretionary legal duty.