PEACE FOUNDATION, INC. v. CITY OF ALBUQUERQUE

No. 7917.

418 P.2d 535 (1966)

76 N.M. 757

The PEACE FOUNDATION, INC., a New Mexico corporation, Petitioner-Appellee, v. The CITY OF ALBUQUERQUE, a municipal corporation, and the City Commission of Albuquerque, New Mexico, and its members, Archie Westfall, Luther Heilman, Emanuel Schifani, Ralph S. Trigg and Sam Brown, Respondents-Appellants.

Supreme Court of New Mexico.

Rehearing Denied October 14, 1966.


Attorney(s) appearing for the Case

Frank L. Horan, James L. Parmelee, Jr., Harley A. Lanning, Melvyn D. Baron, Frederick M. Mowrer, Albuquerque, for appellants.

Oliver B. Cohen, Albuquerque, for appellee.


OPINION

JOE W. WOOD, Judge, Court of Appeals.

Respondents' appeal raises two issues: (1) evidence to support the finding of the trial court and (2) authority of the district court in zoning appeals.

There are four tracts of land involved; all were zoned R-1. Petitioners' request that Tract A be rezoned to O-1 was denied by the planning commission. Petitioners requested, and the planning commission recommended, that Tracts B and C be rezoned to C-3...

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