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HAWES v. COOPER

No. 1 CA-CIV 1461.

14 Ariz. App. 88 (1971)

480 P.2d 1005

E.E. HAWES, Maricopa County Board of Supervisors, and Maricopa County Planning and Zoning Commission, Appellants, v. Jack COOPER and Carol Cooper, his wife, and others similarly situated, namely, that class of persons who live in and about the community of Lehi, Appellees.

Court of Appeals of Arizona, Division 1, Department B.

February 24, 1971.

Attorney(s) appearing for the Case

Killian & Legg, by Vernon L. Nicholas, Mesa, for appellant Hawes.

Ellsworth & Van Haren, by Arthur Van Haren, Jr., Phoenix, for appellants Maricopa County Bd. of Supervisors and Maricopa County Planning and Zoning Commission.

Samuel Kelsall, IV, Phoenix, for appellees.

JACOBSON, Presiding Judge.

This appeal is from a suit instituted to declare invalid the action of the Maricopa County Zoning Board in changing R-43 (rural) zoning to R-5 (mobile home) zoning.

The trial court declared the zoning board's action invalid. We are asked to review the propriety and effect of this declaration, together with the mootness of review by this court in view of the recent action taken by the City of Mesa in annexing the land in question...

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