Agenda / Content Covered

1. LAND USE AND ZONING FUNDAMENTALS, CASE LAW, AND LEGAL UPDATE
   9:00 - 10:00, William F. Allison, Benjamin L. Tate
   1. Land Use vs. Zoning
   2. How the Approval Process Works: A Brief Overview
   3. The Scope of Zoning Board Authority
   4. Vested Rights, Estoppel, and Moratoria
   5. Regulatory Framework: State Building Code, Comprehensive Plans, Local Ordinances, and More
   6. Current Case Law and Legislative Updates
   7. Short Term Rental Ordinances
2. NAVIGATING THE LAND USE APPROVAL PROCESS
   10:00 - 11:00, William F. Allison, Benjamin L. Tate
   1. Determining Where the Decision Authority Lies
   2. Aligning with Comprehensive Plans, Subdivision Regulations, etc.
   3. The Application: Complete Checklist of Information to Include
   4. The Permitting Process Walkthrough
   5. Following the Environmental Review Process
   6. Open Meeting Laws and Practical Tips
3. CHALLENGING/DEFENDING THE CONSTITUTIONALITY OF ZONING AND LAND USE ACTIONS
   11:15 - 12:15, Cameron C. Artigue
   1. Takings Without Just Compensation
   2. Due Process Challenges
   3. Equal Protection Challenges
   4. Property Rights and Limitations on Police Power
4. VARIANCES AND CONDITIONAL USE PERMITS: PROVING/DISPROVING UNIQUE CONDITIONS
   1:15 - 2:15, Rodney Q. Jarvis, Jeffrey D. Gross
   1. Complying with Requirements: Use vs. Area Variances
   2. Unique Circumstances or Conditions: Providing Supporting Evidence
   3. Disproving Detriments to Neighbors, the Public, etc.
   4. Navigating Conditional Use Review Process
   5. Proving/Disproving Conditions are Unreasonable
   6. Preventing and Addressing Conditional Use Violations
5. APPEALING ZONING DECISIONS: LOCAL, REGIONAL, AND STATE CONSIDERATIONS
   2:30 - 3:30, M. Brennan Ray
   1. The Appeals Process Step-by-Step
   2. Obtaining Judicial Review of a Local Decision
   3. Using Litigation to Resolve a Zoning Case
   4. Specific Tips for Resolving Top Zoning Issues
   5. Zoning Ordinances and Amendment Maps
6. ETHICS IN ZONING AND LAND USE LAW
   3:30 - 4:30, Taylor C. Earl
   1. Ethical Issues Unique to the Planning and Zoning Arena
   2. Adhering to the Rules of Professional Conduct and Avoiding Legal Malpractice
   3. Identifying and Preventing Conflicts of Interest
   4. Ex Parte Contacts with Decision Makers

Accreditation Details:

Cameron C Artigue is a partner with the law firm of Gammage & Burnham PLC. His practice emphasizes appeals and complex motions in civil cases. Mr. Artigue has briefed and argued more than 100 appeals in all Arizona courts, the Ninth Circuit Court of Appeals and the U.S. Supreme Court. Since he joined the firm in 1987, Mr. Artigue's experience has encompassed the breadth of the firm's litigation practice. He has been involved in the firm's health care practice, including AHCCCS and county reimbursement, commercial insurance, and self-pay accounts. Mr. Artigue also has practiced extensively in the field of land use litigation, encompassing the disputes that arise from planning, zoning and other land use issues and is an adjunct professor of law at Arizona State University. He is a member of the Maricopa County Bar Association. Mr. Artigue earned his B.A. degree, summa cum laude, from Claremont McKenna College; and his J.D. degree from the University of California at Berkeley where he was a member of the California Law Review.

Taylor C Earl is an attorney with Earl & Curley where he focuses his legal practice exclusively on zoning, land use, and municipal law. His work covers all areas of development, including residential (single and multi-family), commercial, office, industrial, and others. Mr. Earl has secured entitlements and various other approvals for truly first rate projects throughout the valley. He is admitted to practice in the state of Arizona. Mr. Earl earned his B.A. degree, summa cum laude, from Brigham Young University and his J.D. degree from UCLA School of Law.

Rodney Q Jarvis is a partner with Earl & Curley. He focuses his practice in all aspects of zoning and land use planning and has represented developers of office, hotel, residential, commercial, industrial and master-planned community projects. He has served as a member of the city of Phoenix's Camelback East Village Planning Committee, and the Maricopa County Board of Adjustment, as well as its Parks & Recreation Commission. He also has held the position of zoning enforcement officer for Maricopa County and has published works entitled, "General Plans", "Zoning Related Procedures" and "Legal Non-Conforming Uses" (Arizona Journal of Real Estate & Business). He is also a member of the Mesa Transportation Advisory Board. Mr. Jarvis earned his B.A. degree from Brigham Young University, cum laude, and his J.D. degree, cum laude, from J. Reuben Clark Law School.

 

Jason Barclay Morris is a graduate of the University of Arizona, College of Law, and a founding partner at the law firm of Withey Morris, PLC. His past experience includes work as a congressional staff member, and as partner with the Land Use Section for a major Phoenix law firm. Mr. Morris’ practice is exclusively in land use, planning and zoning, and government relations in the Phoenix metropolitan area, as well as the outlying counties and municipalities. His client list includes several national homebuilders, master plan developers, commercial-industrial landowners and Fortune 100 companies. Mr. Morris has also successfully litigated land use cases on behalf of property owners against Arizona municipalities. He served as chair of the City of Phoenix License Appeals Board and is the District 3 representative to the Maricopa County Transportation Advisory Board. He was also appointed by the mayor to serve on the City of Phoenix Development Advisory Board. Mr. Morris was past-chair of Valley Leadership’s State Legislative Committee. In that capacity, he worked extensively on the Growing Smarter Legislation as well as opposing the Citizen’s Growth Management Initiative. He also served as an Ad Hoc Committee member advising on the combination of the Planning & Development Services Departments at the city of Phoenix.

M. Brennan Ray is a shareholder with Burch & Cracchiolo, P.A. Mr. Ray is a certified specialist in real estate, Arizona Board of Legal Specialization, and practices with the firm's zoning and real estate attorneys. He has experience in the areas of land use planning, zoning, real estate transactions, landlord/tenant, title insurance and other real estate-related matters. Mr. Ray also is experienced in commercial and business litigation. He earned his B.A. and M.B.A. degrees from Utah State University, and his J.D. degree from St. Mary's University Law School.

Benjamin L Tate is a land use and zoning attorney with Withey Morris, PLC. A second-generation Arizona native with deep roots in the valley, Mr. Tate uses his extensive knowledge of development processes in municipalities and counties across the valley and Arizona to guide developers and property owners through every aspect of real estate development, from land use entitlements and zoning to site plan and design review. A problem-solver by nature, Mr. Tate works with his clients to effectively design and position development projects to anticipate and address potential issues, and leverages his relationships with community leaders, municipal staff, and elected officials to build the consensus that is essential for a successful project. He has been recognized by his peers for excellence in the field of land use and zoning law multiple times, including Best Lawyers Ones to Watch and Southwest SuperLawyers Rising Stars.