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RUBI v. 49'ER COUNTRY CLUB ESTATES, INC.

No. 2 CA-CIV 449.

7 Ariz. App. 408 (1968)

440 P.2d 44

Peter RUBI, Dennis Weaver and Thomas Jay, all duly elected Supervisors of the Board of Supervisors in and for the County of Pima, State of Arizona, William C. Speed and Peggy T. Speed, husband and wife, Appellants, v. 49'ER COUNTRY CLUB ESTATES, INC., an Arizona corporation, and Magna Investment & Development Co., a foreign corporation, Appellees.

Court of Appeals of Arizona.

Rehearing Denied May 27, 1968.

Review Denied June 25, 1968.

Attorney(s) appearing for the Case

Robert Hillock, Tucson, for appellant, Board of Supervisors.

Johnson, Darrow, D'Antonio, Hayes & Morales, by, Raymond F. Hayes, Tucson, for appellants, Speed.

Robertson & Fickett, by, Burton J. Kinerk, Tucson, for appellees.

KRUCKER, Judge.

The appellees, plaintiffs below, own property zoned CR-1 (one acre residential) in a subdivision known as the 49'er Country Club Estates, located in Pima County. The property obtained this zoning when the original subdivision plot was approved by the Board of Supervisors of Pima County prior to the adoption in April, 1963, of the Agua Caliente-Sabino Creek plan. (The zoning ordinance herein involved.)

In February, 1966, the plaintiffs applied...

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