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BARTOLOMEO v. TOWN OF PARADISE VALLEY

No. 1 CA-CIV 4470.

129 Ariz. 409 (1981)

631 P.2d 564

John BARTOLOMEO and Osmond Burton, Jr., Plaintiffs-Appellants, v. The TOWN OF PARADISE VALLEY, an Arizona municipal corporation, Barbara Von Ammon, Wyman Hitchcock, Barry Palmer, Oscar C. Palmer, Sr., Peter Wainwright, Jeffrey Timbanard, John Brock, Jon Bonnell, Mel Kowal, William Simon, William Fulton, John Keenan, J.D. Sanders, and Henry Guthrie, Defendants-Appellees.

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

Rehearing Denied June 17, 1981.

Review Denied July 7, 1981.

Attorney(s) appearing for the Case

John G. Gliege, Scottsdale, for plaintiffs-appellants.

Romley & Sherk by Kenneth J. Sherk, Phoenix, and John R. Cunningham, Phoenix, for defendants-appellees.

OPINION

EUBANK, Judge.

The main issues raised in this appeal are whether the zoning ordinances of the appellee, Town of Paradise Valley (Town or Town Council), are unconstitutional.

Appellants were denied a special use permit to build a tennis resort by the Town Council. They filed a declaratory judgment action (A.R.S. § 12-1831 et seq.) against the Town in the superior court asking that the ordinances be declared unconstitutional. Following discovery...

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