Peabody v. City of Phoenix

JACOBSON, Presiding Judge.

In this multiple appeal we are primarily-called upon to determine whether the Superior Court of Maricopa County abused its discretion in setting aside a municipal zoning ordinance setting the number of lots within a given subdivision tract, adopted by the Phoenix City Council.

The facts which we consider necessary to this case are as follows:

The property in question comprises approximately 40 acres of land situated north of Camelback Road between 62nd and 64th Streets in the City of Phoenix. Excluding all dedications (primarily exterior roads and streets) required by…