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MANNING v. REILLY

No. 2 CA-CIV 3.

2 Ariz. App. 310 (1965)

408 P.2d 414

W.R. MANNING et al., Intervenors-Appellants, and the City of Tucson, a municipal corporation, and James O. Nabours, as City Building Inspector of the City of Tucson, Appellants, v. John I. REILLY et al., Appellees.

Court of Appeals of Arizona.

December 9, 1965.

Attorney(s) appearing for the Case

Harry H. Haynes, Tucson, for intervenors-appellants.

Calvin Webster, City Atty., Jack G. Marks, Former City Atty., Enos P. Schaffer, Asst. City Atty., Tucson, for appellants.

Lesher, Scruggs, Rucker, Kimble & Lindamood, by Edward W. Scruggs, Tucson, for appellees.

HATHAWAY, Judge.

This is an appeal from a judgment entered in the Superior Court, Pima County, enjoining enforcement of a zoning ordinance of the City of Tucson as to appellees' property and directing the issuance of a building permit to appellees upon compliance with certain applicable regulations.

The appellees owned vacant land in an area newly annexed to the City of Tucson on which they wished to build and operate a mortuary and funeral home. They were...

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