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CITY OF PHOENIX v. FEHLNER

No. 6648.

90 Ariz. 13 (1961)

363 P.2d 607

CITY OF PHOENIX, a municipal corporation; Jack Williams, Mayor of the City of Phoenix; Val A. Cordova, Dr. Joseph M. Greer, G. Wesley Johnson, David P. Jones, Faith i. North and Clarence H. Shivvers, Councilmen of the City of Phoenix; John W. Beatty, Planning Director of the City of Phoenix, and F.C. Hurst, Building Inspector of the City of Phoenix, Appellants, v. Paul FEHLNER and Pola Fehlner, his wife; Jerry G. Kastner and Anita D. Kastner, his wife; Clarence L. Ashcraft; L.F. Mills and Thelma S. Mills, his wife; Byron Simonson and Meryl Simonson, his wife; Harry S. Gill and Naomi LaVerne, Gill, his wife; Howard E. Clements and Louella Clements, his wife; William M. Billings; Mary F. Mullen, a widow et al., Appellees.

Supreme Court of Arizona. En Banc.

Rehearing Denied October 10, 1961.

Attorney(s) appearing for the Case

William C. Eliot, City Atty., Merle L. Hanson, Anis Mitchell and Charles A. Filler, Asst. City Attys., Phoenix, for appellants.

Gorodezky, Mitchell & Stuart, Phoenix, for appellees.

UDALL, Justice.

This case involves a challenge to the Zoning Ordinance of the City of Phoenix, as applied to the properties fronting on Thomas Road from 25th Place to 28th Street. The trial court held that the ordinance as applied to these properties was unconstitutional. The defendant City of Phoenix has appealed from that judgment.

On April 19, 1955, the City of Phoenix annexed an area containing approximately 4.9 square miles of which the parcels here in...

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