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BUTCHER v. CITY OF ALBUQUERQUE

No. 13040.

620 P.2d 1267 (1980)

Dan L. BUTCHER et al., Petitioners-Appellants, v. CITY OF ALBUQUERQUE and Menaul School, a nonprofit corporation, Respondents-Appellees.

Supreme Court of New Mexico.

Rehearing Denied January 2, 1981.

Attorney(s) appearing for the Case

Freedman, Boyd & Daniels, K. Lee Peifer, Albuquerque, for petitioners-appellants.

Pat Bryan, III, City Atty., Susan Green, Asst. City Atty., Albuquerque, for City of Albuquerque.

Roy F. Miller, Jr., Albuquerque, for Menaul School.

OPINION

PAYNE, Justice.

The petitioners sought review of a zoning action by the Environmental Planning Commission and the City Council of Albuquerque approving a site development plan. The plan was approved April 30, 1979. They filed a petition for certiorari with the district court on May 11, 1979. This petition, which alleged illegality and arbitrary and capricious conduct in the zoning action, was originally granted by the district court and then quashed...

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