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WILKERSON v. MARKS

No. 2 CA-CIV 1919.

24 Ariz. App. 316 (1975)

538 P.2d 403

Harry E. WILKERSON and Malinda Wilkerson, husband and wife, Petitioners, v. Honorable Jack G. MARKS, Judge of the Superior Court, Pima County, Arizona, a body politic and corporate, Glenn Knutson, as Chief Zoning Inspector, Pima County, Arizona, Respondents.

Court of Appeals of Arizona, Division 2.

Rehearing Denied August 13, 1975.

Review Denied October 9, 1975.

Attorney(s) appearing for the Case

S. Leonard Scheff, Tucson, for petitioners.

Dennis DeConcini, Pima County Atty., by Howard Watt, Deputy County Atty., Tucson, for respondents.

Robertson, Molloy, Fickett & Jones, P.C., by Russell E. Jones, Bilby, Thompson, Shoenhair & Warnock, P.C., by Clague A. Van Slyke, Lesher, Kimble, Rucker & Lindamood, P.C., by Robert O. Lesher, Evo DeConcini, Tucson, for amici curiae Southern Ariz. Home Builders Ass'n, Tucson Bd. of Realtors, Marved Const., Roy Drachman Realty Co., Solot Co., Sullivan and Associates, Lew McGinnis, Herder Const. Co., Donald M. Millstone and John Badger Realty.

OPINION

HOWARD, Chief Judge.

Were petitioners improperly denied a building permit for the reason that their property consisted of approximately one-third of a lot in a platted subdivision and such lot had not been resubdivided in accordance with Section 3301 of the Pima County Zoning Plan? That is the sole question presented here. The respondent court, in special action proceedings, upheld the denial of a building permit and petitioners seek relief in this...

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