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ZAJAC v. CITY OF CASA GRANDE

No. CV-03-0397-PR.

102 P.3d 297 (2004)

209 Ariz. 357

Stephan G. ZAJAC, a single man, and Evelia S. Zajac, a single woman, Plaintiffs-Appellants, v. CITY OF CASA GRANDE, an Arizona municipal corporation; Wal-Mart Incorporated, Defendants-Appellees.

Supreme Court of Arizona, En Banc.

December 10, 2004.

Attorney(s) appearing for the Case

Morrill & Aronson, P.L.C. by John T. Moshier, Scott D. Larmore, Phoenix and Cole, Massey & Finley, by A. Thomas Cole, Casa Grande, Attorneys for Plaintiffs-Appellants.

Casa Grande City Attorney's Office by Kay Bigelow, Casa Grande, Attorneys for Defendant/Appellee City of Casa Grande.

Bryan Cave LLP, by Steven A. Hirsch, Stanley B. Lutz, Phoenix, Attorneys for Defendant/Appellee Wal-Mart Incorporated.

OPINION

JONES, Chief Justice.

¶ 1 The City of Casa Grande, after several hearings before the Planning and Zoning Commission and the City Council, rezoned certain property by municipal ordinance. The rezoning ordinance was subsequently upheld by the local electorate in a referendum election. The plaintiffs, two Casa Grande residents, allege that the city failed to comply with notice requirements applicable to the hearing and enactment process and ask...

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