GOTLAND v. TOWN OF CAVE CREEK

No. CV-92-0038-PR.

172 Ariz. 397 (1992)

837 P.2d 1132

Alan C. GOTLAND and Janet L. Gotland, husband and wife, Plaintiffs-Appellees, v. TOWN OF CAVE CREEK, Defendant-Appellant.

Supreme Court of Arizona.

September 25, 1992.


Attorney(s) appearing for the Case

James B. Ball, Diogardi, Poli & Ball, Ltd., for Alan Gotland.

David E. Ledyard, Faith, Ledyard & Dagilis.

Grant Woods, Atty. Gen., Robert J. Sokol.

J. Lamar Shelley, Shelley & Bethea.


ORDER

On consideration by the Court,

IT IS ORDERED that the Petition for Review is granted on the question presented, but only with respect to the issue raised in Parts III and IV, i.e., whether A.R.S. § 28-1861(B) is unconstitutional as a violation of due process or a taking of property without compensation because the state failed to provide notice or time for the property owners to protect their rights and protect their property from vesting...

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