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HYLAND v. CITY OF MESA

No. 11994.

112 Ariz. 66 (1975)

537 P.2d 936

A.A. HYLAND and W.D. McTaggart, Secretary and President of the South Mesa Concerned Citizens Association, an unincorporated association, Appellants, v. The CITY OF MESA, a municipal corporation, and Tsutomu Ikeda and Jane Doe Ikeda, husband and wife, Appellees.

Supreme Court of Arizona, En Banc.

July 15, 1975.

Attorney(s) appearing for the Case

W.D. McTaggart, A.A. Hyland, in pro per.

J. LaMar Shelley, Mesa, for appellee City of Mesa.

Kushe, Petrie & Reynolds, P.C. by Robert A. Petrie, Mesa, for appellees Ikeda.

HAYS, Justice.

The appellee, Tsutomu Ikeda, requested a change in zoning classification for property of his in Mesa. The city's planning and zoning board made the recommendation and a hearing was held by the city council. A written protest signed by more than 20% of the owners of adjacent property was filed.

At its meeting, the city council passed a motion to adopt the recommendation of the planning and zoning board by a vote of five-to-one, one councilman...

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