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FOLSOM INVESTMENTS v. CITY OF SCOTTSDALE

No. Civ-85-1078 PHX. WPC.

620 F.Supp. 1372 (1985)

FOLSOM INVESTMENTS, INC., a Texas corporation, Plaintiffs, v. CITY OF SCOTTSDALE, a municipal corporation of the State of Arizona; Herbert R. Drinkwater; Jean L. Black, James Bruner, Diane D. Cusack, Billie Axline Gentry, Bill Walton, and Rene Wendell, in their official capacities as duly elected members of the City Council of Scottsdale, Arizona, Defendants.

United States District Court, D. Arizona.

October 29, 1985.

Attorney(s) appearing for the Case

Neil Vincent Wake, Phoenix, Ariz., and Joseph W. Geary, Dallas, Tex., for plaintiffs.

William E. Farrell, Scottsdale City Atty., Scottsdale, Ariz., for defendants.

MEMORANDUM AND ORDER

COPPLE, District Judge.

I. FACTS

The following facts are undisputed and are set forth in the Stipulation of Facts.

On December 30, 1983, Folsom Investments purchased a tract of land located within the corporate limits of the City of Scottsdale. At the date of purchase, the land was zoned R1-43 which allows construction of one single-family home per lot of 43,000 square feet.

On November 1, 1983, the Scottsdale...

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