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TRANSAMERICA TITLE INSURANCE CO. v. CITY OF TUCSON

No. 2 CA-CIV 1667.

23 Ariz. App. 385 (1975)

533 P.2d 693

TRANSAMERICA TITLE INSURANCE COMPANY, a corporation, as Trustee under Trust No. 27,215, Appellant, v. The CITY OF TUCSON, a Municipal Corporation, et al., Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied May 7, 1975.

Review Denied June 17, 1975.

Attorney(s) appearing for the Case

Schorr & Karp, P.C., by S. Lenwood Schorr, Tucson, for appellant.

James D. Webb, Tucson City Atty., by Enos P. Schaffer, Deputy City Atty., Tucson, for appellees.

OPINION

HOWARD, Chief Judge.

As a condition of rezoning, can a municipality require the landowner to dedicate part of his land for right-of-way purposes? That is the main issue to be decided by this appeal.

Appellant is the owner of vacant land located at the southeast quadrant of the intersection of Silverbell Road and Speedway Boulevard in Tucson, Arizona. This property consists of approximately 196,000 square feet. The northern three-fourths of...

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