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PINGITORE v. TOWN OF CAVE CREEK

No. 1 CA-CV 97-0311.

981 P.2d 129 (1998)

194 Ariz. 261

George PINGITORE and Kris Pingitore, husband and wife, Plaintiffs-Appellees, v. TOWN OF CAVE CREEK, a political subdivision of the State of Arizona; the Town Council of the Town of Cave Creek, a Legislative Body of the Town of Cave Creek; and The Board of Adjustment, an Administrative Body of the Town of Cave Creek, Defendants-Appellants.

Court of Appeals of Arizona, Division 1, Department C.

Reconsideration Denied July 29, 1998.

Review Denied February 23, 1999.

Attorney(s) appearing for the Case

Francis J. Slavin, P.C. by Francis J. Slavin, Chad H. Kolodisner, Phoenix, Attorneys for Plaintiffs-Appellees.

Newmark Irvine by Thomas K. Irvine, Stephen C. Newmark, Ellen M. Van Riper, Phoenix, Attorneys for Defendants-Appellants.

EHRLICH, Judge.

¶ 1 The Town of Cave Creek, its Town Council and its Board of Adjustment appeal from the superior court's entry of summary judgment in favor of George and Kris Pingitore. The Pingitores sought relief from the court after the Board affirmed two orders issued by the Town halting construction of the Pingitores' residence. In granting the Pingitores summary judgment, the court concluded that (1) the Town...

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