Monthly Archives: May 2021

Planning and Development Update: Valley Cities

Posted on May 19, 2021 by Terry Hernlund

The development industry is on a hot streak, and with that Arizona cities are implementing changes to keep pace.  G&B’s Land Use and Zoning group has compiled noteworthy news from across the Valley, including an update on the Scottsdale General Plan, an overview of a Landscape Maintenance text amendment in Phoenix, and information about key planning and development staffing changes.

Update: Scottsdale General Plan – City Council Deletes Proposed Desert Rural Land Use Designation

At its April 20th Work Study Session, the Scottsdale City Council directed City Staff to delete the proposed Desert Rural Land Use Designation from the City’s pending General Plan Update.

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Case Spotlight: The Supreme Court of Arizona Upholds Tucson’s Ability to Schedule Its Own Elections in State of Arizona v. City of Tucson

Posted on May 18, 2021 by Terry Hernlund

By: Jefferson R. Hayden & Lane R. Conrad

State of Arizona v. City of Tucson, CV-20-0244, is yet another battle in the never-ending effort to balance power between the state and localities. Here, the question is, who has the authority to set the time for local elections when the city and the state conflict? Based on the Arizona constitutional concept called the “home rule charter” provision and the reasons discussed below, the Arizona Supreme Court held in favor of the City of Tucson allowing it to conduct local elections as it saw fit.

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Legislation Passes to Allow Restaurants to Sell Cocktails and More To-Go

Posted on May 17, 2021 by Terry Hernlund

By: Camila Alarcon

The COVID-19 pandemic brought us to-go cocktails amidst the stay at home orders from last spring, which the courts took away last fall. The legislature, thanks in large part to Representative Jeff Weninger (R-17) and the Arizona Restaurant Association, brought them back, and added more to-go privileges for restaurants.

The concept of this legislation is straightforward. The legislation itself is not. If you operate a restaurant (Series 12), beer and wine bar (Series 7), bar (Series 6), or a liquor store (Series 9), here are some high level items to mull over before the law goes into effect.

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55th Legislative Session: Wrapping Up

Posted on May 17, 2021 by Terry Hernlund

Gammage & Burnham has continued to watch several important bills related to the development industry make their way – or not – through the Legislature and onto the Governor’s desk.  At this point, the Legislature is engaged in budget discussions (which could be resolved at any moment), and most other Legislative activity has wound down.  Here is what we can tell you so far.

The Governor has signed the following bills into law.

  • SB1258, COVID Permit Expiration Relief. The COVID pandemic inspired the Legislature to advance a bill that will “toll,” or delay, the expiration of permits. 

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