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KRUTZNER CORPORATION v. CITY OF LAS VEGAS

No. 8863.

467 P.2d 25 (1970)

81 N.M. 359

KRUTZNER CORPORATION, a/k/a PepsiCola Bottling Company, Petitioner-Appellee and Cross-Appellant, v. CITY OF LAS VEGAS, a municipal corporation, Fidel Chief Gonzales, as Mayor thereof; Ernest Chavez, Carlos D. Gallegos, Erminio Garcia, Don Guerin, Max Madrid, Alfonso E. Ortiz, Jr., Pat Romero and Willie Sanchez, as Members of the Council thereof, Respondents-Appellants and Cross-Appellees.

Supreme Court of New Mexico.

March 30, 1970.

Attorney(s) appearing for the Case

H.E. Blattman, Roberto L. Armijo, Las Vegas, for appellants.

Leon Karelitz, Las Vegas, for appellee.

OPINION

MOISE, Chief Justice.

This is an appeal by the City of Las Vegas from the judgment of the district court reversing the decision of the City Commission which upheld the action of its Zoning Commission denying appellee a change of classification from R-1 to M-1 of a tract of land containing 1.616 acres, on which appellee had operated a soft drink bottling plant since 1947, and denying a special exception for hardship reasons.

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