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BENNETT v. CITY COUNCIL FOR LAS CRUCES

No. 18478.

973 P.2d 871 (1998)

126 N.M. 619

1999-NMCA-015

Ruth A. BENNETT, Robert Bennett, and J. Henry Gustafson, Petitioners-Appellees, v. The CITY COUNCIL FOR the CITY OF LAS CRUCES, New Mexico, and Gary Krivokapich, Respondents-Appellants.

Court of Appeals of New Mexico.

December 21, 1998.

Attorney(s) appearing for the Case

Neil E. Weinbrenner, Law Offices of Neil E. Weinbrenner, P.A., Las Cruces, for Appellees.

Harry S. "Pete" Connelly, Las Cruces, for Appellant City of Las Cruces.

Joseph Cervantes, Cervantes Law Firm, Las Cruces, for Appellant Krivokapich.

OPINION

WECHSLER, Judge.

{1} The City of Las Cruces and Gary Krivokapich appeal the district court's reversal of a decision by the Las Cruces City Council (Council) to change the zoning of property owned by the Krivokapich family from high-density residential to commercial with conditions. They argue that the district court improperly took additional evidence regarding the rezoning request and that the Council's rezoning did not constitute illegal spot zoning...

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