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NESBIT v. CITY OF ALBUQUERQUE

Nos. 11365, 11371.

575 P.2d 1340 (1977)

91 N.M. 455

Byron E. NESBIT and Alva J. Coats, Aragon & McCoy and Jenkins Construction Co., a joint venture, and Crown Mining Corporation, Petitioners-Appellants, v. CITY OF ALBUQUERQUE et al., Respondents-Appellees, Mr. and Mrs. Paul Arnold and Mr. and Mrs. George A. Rooff et al., Respondents-in-Intervention-Appellees.

Supreme Court of New Mexico.

December 20, 1977.

Attorney(s) appearing for the Case

Rodey, Dickason, Sloan, Akin & Robb, Albuquerque, for Nesbit and Coats, for petitioners-appellants.

Wollen & Segal, Albuquerque, for Aragon & McCoy and Jenkins Construction Co. and Crown Mining Corp., petitioners-appellants.

Malcolm W. DeVesty, Albuquerque, for respondents-appellees.

Stephen Durkovich, Peter Mallery, Albuquerque, for respondents-in-intervention-appellees.

OPINION

McMANUS, Chief Justice.

Appellants (hereinafter simply Nesbit) applied for a zoning change in 1966 from an R-2 status to an SU-1 designation which would have permitted a broader scope of uses. The initial development plan provided for 83 condominium units and was unopposed by the Intervenor-appellees (hereinafter Neighbors). In 1972 Nesbit requested approval of a new development plan for the SU property...

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