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MIDWAY ENTERPRISES v. KRUCKER

No. 6635.

84 Ariz. 287 (1958)

327 P.2d 297

MIDWAY ENTERPRISES, Inc., a corporation, Petitioner, v. Herbert F. KRUCKER, Judge of the Superior Court of Arizona in and for the County of Pima, Respondent.

Supreme Court of Arizona.

June 25, 1958.

Attorney(s) appearing for the Case

Hall, Catlin & Jones, Tucson, for petitioner.

Harry H. Haynes and Jack G. Marks, Tucson, for respondent.

WINDES, Justice.

Pursuant to the provisions of the county planning and zoning act of 1949 (A.R.S., sections 11-801 to 11-830) the board of supervisors of Pima county enacted a zoning ordinance which became effective February 16, 1953. By reason of authority granted under the provisions of this ordinance petitioner Midway Enterprises, Inc., operates a drive-in theater. Thereafter petitioner made application to the zoning board of adjustment for territorial expansion...

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