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BELLA VISTA RANCHES, INC. v. CITY OF SIERRA VISTA

No. 2 CA-CIV 3368.

126 Ariz. 142 (1980)

613 P.2d 302

BELLA VISTA RANCHES, INC., Plaintiff/Appellee, v. The CITY OF SIERRA VISTA, a body politic; James Herrewig, Planning Director; David Dross, Zoning Administrator; Michael Hicks, a member of the Planning & Zoning Commission; Sharon Hains, a member of the Planning & Zoning Commission; Robert Holcombe, a member of the Planning & Zoning Commission; Julius Forcella, a member of the Planning & Zoning Commission; Michael L. Gentry, a member of the Planning & Zoning Commission; Carroll O. Meyer, a member of the Planning & Zoning Commission; Edward Ortega, a member of the Planning & Zoning Commission; Hans Van Gelder, a member of the Planning & Zoning Commission; and Richard Wilson, a member of the Planning & Zoning Commission, Defendants/Appellants.

Court of Appeals of Arizona, Division 2.

Rehearing Denied May 21, 1980.

Review Denied June 17, 1980.

Attorney(s) appearing for the Case

Kerley & DeFrancesco by Joseph J. DeFrancesco, Bisbee, for plaintiff-appellee.

Polley & Polley by Wesley E. Polley, Bisbee, for defendants-appellants.

OPINION

HATHAWAY, Chief Judge.

Appellee, owner of a parcel of land in Sierra Vista, brought an action to compel the city to approve a commercial site development plan for the land. Approval of the site plan was refused by the city on the grounds that the parcel of land was a subdivision requiring that appellee comply with the City Subdivision Regulations. The case was tried to the court resulting in a judgment in favor of appellee.

In 1966, Sierra...

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