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SCHWARZ v. CITY OF GLENDALE

No. 1 CA-CV 97-0073.

950 P.2d 167 (1997)

190 Ariz. 508

Gerard SCHWARZ, also known as Jerry Schwarz, and Diane Schwarz, husband and wife, Plaintiffs-Appellants, v. CITY OF GLENDALE, a municipal corporation; and Samaritan Health Systems, an Arizona nonprofit corporation, Defendants-Appellees.

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

December 16, 1997.

Attorney(s) appearing for the Case

Dushoff & McCall, P.C. by Jay Dushoff, Denise J. Henslee, Phoenix, for Plaintiffs-Appellants.

Peter Van Haren, Office of the City Attorney by David A. Pennartz, Deputy City Attorney, Glendale, for Defendant-Appellee, City of Glendale.

Beus, Gilbert & Morrill, P.L.L.C. by Martin A. Aronson, Christine R. Taradash, Phoenix, for Defendant-Appellee Samaritan Health Systems.

OPINION

RYAN, Judge.

Under Arizona statute, when twenty percent or more of the property owners within 150 feet of property included in a proposed zoning change protest the proposed rezoning in writing, the proposed change cannot become effective unless approved by a super-majority, three-fourths, vote of the city council. Ariz.Rev.Stat. Ann. ("A.R.S.") § 9-462.04(G). We must decide whether a buffer area created by the property owner seeking rezoning...

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