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SUMMIT PROPERTIES, INC. v. WILSON

No. 1 CA-CIV 2640.

26 Ariz. App. 550 (1976)

550 P.2d 104

SUMMIT PROPERTIES, INC., an Arizona Corporation, Appellant, v. Richard F. WILSON and Jean Wilson, husband and wife, Frank Goldtooth, Sr., and Tsinniginnie Singer, as an Individual and for and in behalf of all Navajos similarly situated, and Earl Numkena, as an Individual and for and in behalf of all Hopis similarly situated, Appellees.

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

Rehearing Denied June 30, 1976.

Review Denied September 9, 1976.

Attorney(s) appearing for the Case

Lewis & Roca by John P. Frank, Mary M. Schroeder and Marty Harper and Powers, Boutell, Fannin & Kurn, P.A., by Warren C. Ridge, Phoenix, for appellant.

Mangum, Wall & Stoops by Joyce Mangum and Daniel J. Stoops, Flagstaff, for appellees Wilson.

Ward, Hufford, Blue & Withers by C. Benson Hufford, Flagstaff, for appellees Goldtooth, et al.

OPINION

HAIRE, Chief Judge, Division 1.

The central question on this appeal is whether a county zoning commission can validly recommend to the County Board of Supervisors zoning ordinance amendments which are substantially different from those originally sought and noticed for hearing, without first giving new notice of the proposed amendments, as changed, and then holding a new hearing before the Zoning Commission. The facts pertinent to this question...

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