CITY OF TEMPE v. RASOR

No. 1 CA-CIV 2792.

24 Ariz. App. 118 (1975)

536 P.2d 239

The CITY OF TEMPE, a Municipal Corporation, et al., Appellants, v. Alfred G. RASOR and Kathryn G. Rasor, his wife, Appellees.

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

Rehearing Denied September 9, 1975.

Review Denied October 16, 1975.


Attorney(s) appearing for the Case

C. Brad Woodford, Asst. City Atty., Tempe, for appellants.

Rawlins, Ellis, Burrus & Kiewit, by Edward O. Burke, Phoenix, for appellees.


OPINION

WREN, Judge.

The question presented on this appeal is whether the trial court erred in overruling a Tempe City Council's decision that appellees' property should not be rezoned to allow a commercial use in an area zoned for primary industrial uses. We find that it did.

The parcel of land involved, comprising approximately .77 acres or 37,000 square feet, is situated within a sixty acre industrial park on the north side of Broadway Road, approximately...

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