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ROTTER v. COCONINO COUNTY

No. 1 CA-CV 88-146.

167 Ariz. 210 (1990)

805 P.2d 1031

Franz ROTTER, Plaintiff-Appellant, v. COCONINO COUNTY; and Leland E. Thurston, Jr.; Bonnie M. Thurston; Roberta Fain; Pamela Pouquette; Red Feather Properties Limited Partnership; and Fain Properties Limited Partnership, Defendants-Appellees.

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

Review Denied March 5, 1991.

Attorney(s) appearing for the Case

Lewis and Roca by Frank S. Bangs, Jr., John N. Iurino, Katharina Richter, and Frank J. Cassidy, Tucson, and Mangum, Wall, Stoops & Warden by Stephen K. Smith, Flagstaff, for plaintiff-appellant.

John Verkamp, Coconino County Atty. by Terence C. Hance, Chief Deputy County Atty., Flagstaff, for defendant-appellee Coconino County.

Mariscal, Weeks, McIntyre & Friedlander, P.A. by Phillip Weeks and Leonce A. Richard, Phoenix, for defendants-appellees Thurston, Fain, Pouquette, Red Feather Properties, and Fain Properties.

OPINION

GRANT, Chief Judge.

In granting declaratory relief against Franz Rotter and in favor of certain neighboring property owners and Coconino County, the trial court held that due to protests filed by several neighboring owners, A.R.S. § 11-829(C) required a unanimous favorable vote of the members of the Coconino County Board of Supervisors (the board) for approval of Rotter's request to rezone portions of...

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