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EMMETT MCLOUGHLIN REALTY v. PIMA COUNTY

No. 2 CA-CV 2001-0198.

58 P.3d 39 (2002)

203 Ariz. 557

EMMETT McLOUGHLIN REALTY, INC., and Quik-Mart Stores, Inc., Plaintiffs/Appellants, v. PIMA COUNTY, Defendant/Appellee.

Court of Appeals of Arizona, Division 2, Department A.

November 19, 2002.

Attorney(s) appearing for the Case

Ethan Steele and Jeffrey M. Neff, Tucson, for Plaintiffs/Appellants.

Barbara LaWall, Pima County Attorney, By Amelia Craig Cramer and Christopher Straub, Tucson, for Defendant/Appellee.

Patricia A. Orozco, Yuma County Attorney, By Gregory T. Torok, Yuma, for Amicus Curiae Yuma County.

Jorden, Bischoff, McGuire & Rose, P.L.C., By Douglas A. Jorden and Michele A. Hentrich, Phoenix, for Amici Curiae American Planning Association and the Arizona Chapter of the American Planning Association.

OPINION

BRAMMER, Presiding Judge.

¶ 1 The question presented in this appeal is whether A.R.S. § 11-829(F), now (G), which proscribes counties from rezoning land in a manner that restricts the permitted uses without the landowner's permission, violates the Arizona Constitution.1 As did the trial court, we find the "anti-downzoning" statute unconstitutional and, therefore, affirm its ruling granting partial judgment...

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