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Home > Business
Journals > Appraisal
Journal

Law requiring property owner's consent for rezoning ruled
unconstitutional.(cases in brief)(Brief Article)

Appraisal
Journal  -  Oct, 2003

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The Court of Appeals of Arizona ruled that a state law prohibiting
counties from rezoning land in a manner that restricted the permitted uses
without the landowner's permission was unconstitutional.

In 1998, Arizona enacted a law that prohibits counties from rezoning
land in a manner that restricts the permitted uses unless there is
landowner permission. In April 2000, the Pima County Board of Supervisors
approved the county's plan to rezone a parcel of land owned by McLoughlin
Realty, Inc. (McLoughlin) and Quik-Mart Stores, Inc. from CB1 zoning to a
combination of SR and CR-2 zoning. Although numerous business uses are
permitted within the former zoning classification, the latter two permit
only residential use. McLoughlin did not consent to the rezoning and filed
this action, in effect challenging the county's rezoning of the property.
The county argued that the law's consent provision was an unconstitutional
delegation of legislative authority to the property owner. The trial court
agreed with the county and declared the downzoning statute
unconstitutional. The property owner appealed, and the appellate court
considered the constitutionality of the statute.

The appellate court said that the law affirmatively grants property
owners the ability to prevent counties from initiating downzoning of the
owners' property, thereby effectively delegating to owners the downzoning
authority that formerly reposed in counties.

The court emphasized that a legislature may not delegate its authority
to private persons over whom the legislature has no supervision or
control. The trial court decision was affirmed.

Emmet McLoughlin Realty v. Pima County

Court of Appeals of Arizona

November 19, 2002

(AJ/03/O.-$10)

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COPYRIGHT 2003 The
Appraisal Institute Reproduced with permission of the copyright holder.
Further reproduction or distribution is prohibited without
permission.

Copyright 2003, Gale Group. All rights reserved. Gale
Group is a Thomson Corporation Company.

NOTE: All
illustrations and photos have been removed from this article.

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