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HART v. BAYLESS INVESTMENT & TRADING COMPANY

No. 6880.

86 Ariz. 379 (1959)

346 P.2d 1101

James G. HART, James E. Lindsay, and James T. O'Neil, as members of and constituting the Board of Supervisors of Maricopa County; Virgil Crismon, Hugh Nichols, C.A. Grant, Charles R. Bathurst, Sanford F. Morrison, Percy Smith, Russell A. Shedd, and H.S. (Casey) Abbott, as members of and constituting the Planning and Zoning Commission of Maricopa County; Laurence H. Whitlow, as Executive Director of the Planning and Zoning Commission of Maricopa County; Donald W. Hutton, as Zoning Inspector of Maricopa County; and Roy Thornbrugh, as Chief Deputy Zoning Inspector of Maricopa County, Appellants, John F. Long, Home Building, Inc., a corporation, Intervenor-Appellant, v. BAYLESS INVESTMENT & TRADING COMPANY, an Arizona corporation, Appellee.

Supreme Court of Arizona.

Rehearing Denied January 12, 1960.

Attorney(s) appearing for the Case

Charles C. Stidham, Maricopa County Atty., Paul Levie, Deputy County Atty., Laurence H. Whitlow, and W.E. Patterson, Phoenix, for appellants.

Stephen B. Rayburn; Stahl, Murphy & Blakely, Phoenix, for intervenor-appellant.

Moore & Romley, Phoenix, for appellee.

Lewis, Roca, Scoville, Beauchamp & Linton, by John P. Frank and Philip M. Haggerty, Phoenix, amici curiae, for O'Malley Investment & Realty Co. and O'Malley Security Corporation.

UDALL, Justice.

This is an appeal from a judgment of the trial court holding invalid the zoning ordinances which regulate the use of property within the unincorporated areas of Maricopa County. The appellee, Bayless Investment and Trading Company, brought a suit in which it was alleged, inter alia, that the zoning ordinances were of no effect because the requisite notice of hearings — both before the Zoning Commission and the Board of Supervisors — had...

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