Archive for the ‘zoning’ Category

Pondering Pela’s Paradox, Part Three

Robert Pela shared during Phoenix Urban Design Week that downtown flourishing can’t occur without two elemental ingredients. One of them is that the community has readily accessible public education; and the second is that dwellers must have sufficient opportunities for shopping locally, without leaving the immediate downtown area, however one defines that. For the purposes […]

Sedona Unsettled by Transient Ordinance Decision

     In November of 2006, Arizona voters approved Proposition 207—a measure that guaranteed property owners compensation when their land was devalued by later government regulation. At issue in a new Court of Appeals opinion called Sedona Grand v. City of Sedona is property that Sedona Grand, LLC wanted to option to sell; the option granted […]

Dark Days for Digital Billboards, and Gloom for Mortgagors

Two new opinions from Arizona’s appellate courts deserve the attention of real property mavens. The first is the new Arizona Supreme Court opinion of JULIA V. VASQUEZ v. SAXON MORTGAGE INC., et al, CV-11-0091-CQ. CQ stands for certified question; the Supreme Court was asked by a federal bankruptcy court to answer whether under state law […]

Retailer Innovation and Landlord Caution

It stinks to be a retailer in Phoenix, by and large, in these times. Disposable income is down, and leases signed years ago have annual rent bumps. Landlords are trying to be flexible, but the savvy ones have read their lenders’ security documents’ provisions about reducing their lease rates and the pain that accompanies lowering […]

Arizona Proposition 207 Claim, or Bluster?

A local zoning attorney this past week admonished a city council not to revert the zoning classification on his client owner’s parcel, since that would be tantamount to “down-zoning” the property, diminishing the value of that asset, and triggering the tenets of Proposition 207, Arizona’s regulatory takings measure. (This has been since its passage codified […]