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CIRCLE M CONSTR., INC. v. CITY OF APACHE JUNCTION

No. 2 CA-CIV 5054.

145 Ariz. 354 (1985)

701 P.2d 850

CIRCLE M CONSTRUCTION, INC., an Arizona corporation, Plaintiff/Appellant, v. CITY OF APACHE JUNCTION, Arizona; City Council of the City of Apache Junction, Arizona; Board of Adjustment of the City of Apache Junction, Arizona; Leo Frazier, Jr.; Planning Commission of the City of Apache Junction, Arizona, Defendants/Appellees.

Court of Appeals of Arizona, Division 2.

Amended by Order of February 15, 1985.

Review Denied May 7, 1985.

Attorney(s) appearing for the Case

Sacks, Tierney & Kasen by Robert V. Kerrick and C. Steven McMurry, Phoenix, for plaintiff/appellant.

David F. Alexander, Apache Junction, for defendants/appellees.

OPINION

HATHAWAY, Judge.

Appellant contends the trial court erred in upholding the City of Apache Junction's 1979 and 1980 zoning ordinances. We agree with appellant. Both the 1979 and 1980 zoning ordinances were invalid ab initio, as they were passed in violation of A.R.S. § 9-462.04, as interpreted by Specht v. City of Page, 128 Ariz. 593, 627 P.2d 1091 (App. 1981). Specht...

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