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COE v. CITY OF ALBUQUERQUE

No. 7878.

418 P.2d 545 (1966)

76 N.M. 771

Ralph M. COE and Wilhelmina N. Coe, Petitioners-Appellees, 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 appellees.

OPINION

JOE W. WOOD, Judge, Court of Appeals.

Two issues are to be decided: (1) the authority of the district court in zoning appeals and (2) the validity of the trial court's injunction pertaining to building permits.

Petitioners requested that R-1 zoning of their real estate be changed to C-1. The planning commission refused to recommend C-1, but did recommend R-2 zoning conditioned on a replat. Petitioners' appeal to the city commission raised two...

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