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FIDELITY NAT. TITLE INS. CO. v. PIMA COUNTY

No. 2 CA-CV 88-0366.

171 Ariz. 427 (1992)

831 P.2d 426

FIDELITY NATIONAL TITLE INSURANCE COMPANY, an Arizona corporation, solely in its capacity as Trustee under Trust No. 10289, Plaintiff/Appellee, v. PIMA COUNTY, a political subdivision of the State of Arizona; Iris Dewhurst, Sam Lena, Reg Morrison, and David Yetman, members of the Board of Supervisors of Pima County, Defendants/Appellants.

Court of Appeals of Arizona, Division 2, Department A.

April 28, 1992.

Attorney(s) appearing for the Case

Law Offices of Donald E. Gabriel by Donald E. Gabriel, Tucson, for plaintiff, appellee.

Stephen D. Neely, Pima County Atty. by Martin Willett and Christopher L. Straub, Tucson, for defendants, appellants.

OPINION

LACAGNINA, Presiding Judge.

Pima County appeals from a declaratory judgment in a conditional rezoning case which gives the property owner the right to comply with the conditions without any time limitations and free from any additional, supplemental or subsequent conditions required by general land use ordinances enacted after approval of the conditional rezoning in 1972. The trial court found that the property owner had taken substantial action...

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