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DYE v. CITY OF PHOENIX

No. 1 CA-CIV 2678.

25 Ariz. App. 193 (1975)

542 P.2d 31

Gil DYE and Joanne Dye, his wife, Thomas Bischoff and Judy Bischoff, his wife, Derek Longstaff and Marilyn Longstaff, his wife, Reed Perkins and Carol Perkins, his wife, Appellants, v. CITY OF PHOENIX, a Municipal Corporation; John D. Driggs, Mayor of the City of Phoenix, Ed Korrick, Henry E. Brodersen, Armando de Leon, Calvin C. Goode, Margaret T. Hance and John T. Katsenes, Council Members of the City of Phoenix, A.I. Marshall, Jr., and Jack Ingerbritson, and La Espanada, a limited partnership, Appellees.

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

Rehearing Denied December 18, 1975.

Review Denied January 20, 1976.

Attorney(s) appearing for the Case

Renaud, Cook, Miller & Cordova, P.A., by J. Gordon Cook, Phoenix, for appellants.

Joe R. Purcell, Phoenix City Atty., by Robert A. Slonaker, Asst. City Atty., for appellees City of Phoenix, John D. Driggs, Ed Korrick, Henry E. Brodersen, Armando de Leon, Calvin C. Goode, Margaret T. Hance and John T. Katsenes.

Snell & Wilmer by Lawrence C. Wright, Phoenix, for appellees A.I. Marshall, Jr., Jack Ingerbritson and La Espanada.

OPINION

FROEB, Judge.

This is an appeal from a judgment which held that the reasonableness of rezoning a parcel of land was "fairly debatable" and that the rezoning was therefore valid and must be upheld. We agree and affirm the judgment.

In 1961, the City of Phoenix, after conducting hearings concerning the proposed zoning of various areas, comprehensively zoned the entire city. This included 8.7 acres at the southwest corner of 56th Street and Thomas...

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