Monthly Archives: March 2021

The City of Scottsdale is updating its General Plan, and proposing major changes that could impact property owners in North Scottsdale.  The General Plan is the City’s blueprint for land use policy and guides development and land use changes throughout the City.  The City’s General Plan was last updated in 2001 and approved by the voters in 2002.  The City is required by statute to update its General Plan every 10 years; however, several attempted updates to the General Plan since 2002 have failed.

Desert Rural Land Use Designation.  One of the most significant changes proposed in the General Plan update is the creation of a new land use designation called “Desert Rural” that would impose reduced density limitations on several thousands of acres of privately owned, undeveloped land in North Scottsdale. 

Read More

By: Camila Alarcon

The Court of Appeals recently issued an opinion in Simms v. Simms. By applying the fundamental principles of statutory construction, the Court agreed with the Arizona Racing Commission and broadly interpreted “person aggrieved” in the context of its administrative rules. In addressing claims of due process violations prior to an administrative hearing, the court found that a subsequent fair and impartial hearing rendered those claims moot. Claims regarding alleged actions after the hearing were remanded back to the superior court.

Gammage & Burnham’s Camila Alarcon and Christopher Hering represented the Arizona Racing Commission, and have extensive experience in administrative law and administrative appeals.

Read More

By:  Brian K. Fullmer  & Michael R. King

In 2019, Arizona became the latest state to adopt the Uniform Commercial Real Estate Receivership Act (UCRERA) at A.R.S. § 33-2601 et seq.  UCRERA contains some very powerful tools for lenders; surprisingly it has seen little use in Arizona since being adopted in 2019.  With the economic uncertainty of 2020 expected to continue into 2021, lenders are well advised to look to this alternative tool as a method to exercise an increased degree of control over collateral in order to recoup the maximum amount possible on a troubled asset.

Read More

By: Julie A. Pace (602.256.4488)
David A. Selden (602.256.4490)
Heidi Nunn-Gilman (602.256.4455)

In the last year, with increased unemployment benefits and an expansion of unemployment coverage under Pandemic Unemployment Assistance (PUA), there have been record amounts of unemployment fraud. Both companies and employees have become victims as identity thieves file claims for unemployment benefits using stolen identification. Both companies and employees can each take steps to fight the fraud. Companies must be proactive to protect their experience rating. Employees need to be proactive to protect their identities.

I.

Read More