KLENSIN v. CITY OF TUCSON

No. 2 CA-CIV 642.

10 Ariz. App. 399 (1969)

459 P.2d 316

J.B. KLENSIN and Helen C. Klensin, husband and wife, Appellants, v. The CITY OF TUCSON, a corporate body politic, Appellee.

Court of Appeals of Arizona. Division 2.

October 6, 1969.


Attorney(s) appearing for the Case

Jacob B. Klensin, in pro. per.

Enos P. Schaffer, City Atty., Dino De-Concini, former City Atty., Barry M. Corey, Asst. City Atty., Tucson, for appellee.


HATHAWAY, Judge.

The Klensins sought a declaratory judgment that the existing R-3 zoning classification of their property situated on East Broadway, Tucson, Arizona, was unconstitutional as not being within the police power, and as being arbitrary, capricious, unreasonable and discriminatory. They also asked for a restraining order to prevent the defendant, City of Tucson, from interfering with their making commercial use of the subject property as permitted under...

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