HomeMy WebLinkAbout98-266 RESOLUTION NO. 98-266
A RESOLUTION AGREEING TO JOIN PIMA COUNTY IN A SUIT AGAINST THE STATE OF
ARIZONA CHALLENGING THE VALIDITY OF THE LANGUAGE ADDED TO A.R.S. 11-829
BY HB 2621 AND AMENDED BY HB 2361.
WHEREAS, the Arizona Legislature adopted House Bill 2621 which amends A.R.S. 11-829 by
prohibiting counties from adopting any change in zoning that "restricts the uses or reduces the value of the
land" without the expressed written permission of the property owner, and
WHEREAS, amendments to the wording by House Bill 2361 have not substantially changed the
effect of House Bill 2621, and
WHEREAS, Mohave County believes that the statute is an unconstitutional delegation of powers
since the ultimate decisions on changes in zoning lie with the property owners and not the Board of
Supervisors, the county's legislative body, and
WHEREAS,Mohave County believes that the wording of the statute is vague and could be read to
require the permission of the property owners for minor changes in permitted uses, and may restrict the
County's ability to adopt new regulations such as overlay zones, airport approach zones, hillside
development zones or landscape standards, and
WHEREAS, Mohave County believes that the statute will unreasonably interfere with the County's
ability to carry out its planning function as mandated in Arizona Statute.
NOW THEREFORE BE IT RESOLVED, that Mohave County Board of Supervisors elects to join
Pima County in suing the State of Arizona on the above grounds, and subject to the following restrictions:
1. That all legal counsel be from within the respective County Attorney's Offices.
outside legal counsel, the matter is to be brought back before the Board
[pproval.
James R~C~ ~/)