Monthly Archives: January 2021

By: Camila Alarcon

Arizona’s legislative session started barely 15 days ago, and is already moving at a brisk speed. The pandemic brought the 2020 legislative session to a grinding halt last March (even though adjournment did not occur until May 26, 2020). Out of 1,607 bills posted last year, only 90 made it. That is significantly less than the 350 plus bills that usually make it through the process.

Many of the 1,000 bills already posted are replicates of bills that almost made it to the finish line last year. Some of these have identical bills in the House and Senate, and will move, hopefully, seamlessly and quickly through the process.

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By: Jefferson Hayden & Lane Conrad

Maricopa County v. Rovey, No. 1 CA-CV 19-0659

Filed by the Arizona Court of Appeal 12-29-2020

If you own property adjacent to a public roadway, “strips and gores” and its associated concepts may be affecting your land ownership rights. The longstanding rule of “strips and gores” provides that when real property abutting a public way is conveyed by a description that only covers the lot itself, the grantee owns the property up to the center line of the public way (unless there is clear intent to the contrary).

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by: Cameron C. Artigue

Amidst the news 2021 will bring, we are sure to see major developments in litigation regarding the legality of development incentives in Arizona.  Common incentives include sales tax rebates, municipal contributions towards infrastructure, and transfer/leaseback arrangements to qualify for the Government Property Lease Excise Tax (GPLET).

What is forthcoming in 2021 are two decisions from appellate courts, and possibly additional lawsuits, that will prompt questions regarding the legal rules for GPLETS and incentives for development.

Most important is the latest “gift clause” case, Shires v.

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Adult-Use Marijuana Licenses: Early Applications Opened January 19th

By: Lindsay C. Schube

Passing with 60% of the vote, Proposition 207, the Smart and Safe Act, legalizes the possession, cultivation, and sale of recreational marijuana in Arizona. A separate license issued by the Arizona Department of Health Services (“AZDHS”) will be required for retail sales of marijuana.

The early application period for existing medical marijuana dispensaries opened January 19th. Here’s what dispensaries interested in applying for a license to sell recreational marijuana should know:

1. Application Period:  The early application period begins January 19th, and will end on March 9, 2021.

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