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DAVIS v. CITY OF ALBUQUERQUE

No. 13738.

648 P.2d 777 (1982)

98 N.M. 319

Dannie K. DAVIS and Betty J. Davis, Petitioners-Appellees, v. CITY OF ALBUQUERQUE, a New Mexico Municipality, and City Council of the City of Albuquerque, Respondents-Appellants, and Lynn L. Coburn, David J. Ricks, David R. Page and Leith H. Page, Respondents-In-Intervention.

Supreme Court of New Mexico.

Rehearing Denied July 19, 1982.

Attorney(s) appearing for the Case

George R. "Pat" Bryan, III, City Atty., Charles N. Estes, Jr., Asst. City Atty., Albuquerque, for respondents-appellants.

Wallin & Guest, Michael Guest, Albuquerque, for petitioners-appellees.

Branch, Perkal & Associates, Albuquerque, respondents-in-intervention.

OPINION

SOSA, Senior Justice.

This is an appeal from the district court's second reversal of appellant's (City's) decision to down zone appellees' (the Davis') property from R-3 (medium to high density residential) to SF (single family residential). The issue on appeal is whether the City must prove either (1) a mistake in the original zoning or (2) a substantial change in the character of the neighborhood since the original zoning, to justify a down zoning...

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