Schwarz v. City of Glendale

OPINION

RYAN, Judge.

Under Arizona statute, when twenty percent or more of the property owners within 150 feet of property included in a proposed zoning change protest the proposed rezoning in writing, the'proposed change cannot become effective unless approved by a super-majority, three-fourths, vote of the city council. Ariz.Rev.Stat. Ann. (“A.R.S.”) § 9-462.04(G). We must decide whether a buffer area created by the property owner seeking rezoning prevents the statute from being triggered. The trial court found that it does on the facts of this case. We agree and thus affirm.

FACTS AND…