VERNER et al.
REDMAN et al.
[77 Ariz. 311] Lewis, Roca & Scoville, Phoenix, by Walter Cheifetz, for appellants.
Snell & Wilmer, Phoenix, for appellee.
PHELPS, Chief Justice.
This is an appeal from a judgment of the superior court of Maricopa County enjoining appellants from constructing, maintaining and using any structures, buildings or other improvements upon certain lots located upon the southeast corner of the intersection of Seventh and Glendale Avenues of Maricopa County, Arizona.
The facts are that Reese Verner and wife are the owners of the property involved and were such owners when the original zoning ordinance went into effect in April, 1951. This ordinance classified the four corners at the above intersection for commercial use. A new zoning ordinance was adopted by the board of supervisors on May 29, 1952.
On May 21, 1952, while their property was still zoned commercial (but after petitions were in circulation to have it changed to residential A), appellants through their agent Ralph Homes applied to the Maricopa County Zoning Inspector for a permit to build a gasoline service station on the corner and for the construction of a building south along Seventh Avenue for commercial purposes. The application did not show the elevation of the proposed structures nor the placement of water lines, which according to counsel, were required by the Maricopa County Zoning Ordinance then in effect. On the same day the zoning inspector issued to appellants the two building permits as requested. One of the permits issued designated its use as a service[77 Ariz. 312] station and the other for 'Com.', presumably meaning commercial.
On May 22 Homes and Son Construction Company began work on said buildings and continued such work until May 27 when they were informed by telephone that the Maricopa County Planning Commission had revoked the permits. This was confirmed on May 29 by letter from the executive secretary of the zoning commission. On June 4 following, the commission rescinded
its order of revocation and on June 7 is rescinded its action of June 4.
In other words (if the actions of the planning commission on the dates above mentioned were valid) after June 7 there were no permits in existence.
On June 23, 1952, appellants procured a writ of certiorari out of the superior court of Maricopa County directed to the zoning commission challenging its authority to revoke appellants' permits. The court, after hearing, ordered the writ quashed. After this action by the court appellants resumed construction of the proposed building.
On July 28 the board of supervisors changed the zoning of appellant's property to residential A and on August 14, 1952, the zoning inspector revoked the two building permits theretofore issued to appellants. This action was evidently due to a misunderstanding of the effect of quashing the writ of certiorari. If no permits were in existence there was nothing to revoke. The only work done by appellants upon the property under their permits was to clear the building site of citrus trees, dig footings for the building and erect plyboard forms for the pouring of the foundation.
On July 1, appellees filed this action in the superior court to enjoin appellants from continuing construction of building on their property. An interlocutory injunction issued which was made permanent on January 20, 1953, and judgment entered accordingly. From this judgment appellants prosecuted this appeal.
Appellants have presented three assignments of error which present three questions for our consideration:
1. Did appellees prove special damages to themselves or any of them?
2. Did appellants acquire a vested right to complete their buildings by virtue of the work they had done thereon prior to ...