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DAWE v. CITY OF SCOTTSDALE

No. 1 CA-CIV 3302.

119 Ariz. 493 (1978)

581 P.2d 1143

Kendall DAWE and Mildred M. Dawe, his wife, Appellants, v. CITY OF SCOTTSDALE, Arizona, a Municipal Corporation, Appellee.

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

February 14, 1978.

Attorney(s) appearing for the Case

Burch, Cracchiolo, Levie, Guyer & Weyl, P.A. by C. Michael Pierce, Arda S. Rutherford, Phoenix, for appellants.

Richard R. Filler, Scottsdale City Atty., Scottsdale, for appellee.

OPINION

FROEB, Chief Judge.

This case deals with the rights created by the recordation of a plat subdividing land into lots. The specific question is whether a zoning change taking place after the plat is recorded can require that the land subject to the plat be developed or sold only in larger sized lots prescribed by the zoning change.

The property which is the subject of this lawsuit was platted and recorded as Palo Verde Terrace in Book 88 of Maps...

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