Land Use

Congratulations to Gammage & Burnham client, Arizona Humane Society, on the recommendation of approval for its requested entitlement modifications for its Nina Mason Pulliam Campus for Compassion! For nearly 20 years, the Nina Mason Pulliam Campus for Compassion has served as the Arizona Humane Society’s home base for providing crucial animal care services—including affordable veterinary services and life-saving adoptions—to the local community.

On June 2, 2019, the City of Phoenix Planner Hearing Officer recommended approval for modifications to the Arizona Humane Society’s special permit zoning.  With these approved modifications, the Arizona Humane Society can start to plan for the future growth of the Campus for Compassion.

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On June 21st the U.S. Supreme Court issued its decision in Knick v. Scott Township, which materially expanded the ability of private property owners to go to federal court to defend their property rights.  The Court overturned a 34-year old decision that required property owners to litigate “takings” claims in state court before they were allowed to sue in federal court.  The Knick decision broadly expands projections of private property rights by allowing property owners to bring a takings claim directly in federal court.

The key to Knick is identifying the point in time when a property owner can sue over an alleged taking—(1) as soon as government action causes an alleged “taking” of property; or (2) later, only when it refuses to pay just compensation.  

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Congratulations to Gammage & Burnham clients Greenwood Brewing and Made, LLC on the land use entitlement approvals for Greenwood Brewing Brewery & Taproom!  We are happy to be part of helping Megan Greenwood, Greg Esser and Cindy Dach bring a unique combined microbrewery and art space to Roosevelt Row.

Gammage & Burnham partner Manjula Vaz and associate Mike Maerowitz recently secured approval of land use entitlements for Greenwood Brewing Brewery & Taproom coming to Roosevelt and 5th Street in downtown Phoenix. This new adaptive reuse project will serve locally brewed beer in a welcoming bar and beer garden environment at Roosevelt and 5th Street. 

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Posted by Chris Raddatz 

The Internal Revenue Service (IRS) released its second batch of guidance late last month regarding “opportunity zones.”  Opportunity Zones were created as part of the Tax Cuts and Jobs Act of 2017 to incentivize investment in designated, economically distressed communities.  The 169 pages of proposed regulations provide additional guidance to investors, fund managers and others seeking to bring equity capital to operating and real estate businesses within the OZs.

While many investors and fund managers have been active in investing in the OZs, the lack of regulatory guidance has somewhat limited the activity, especially as to operating businesses (versus real estate investment). 

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Gammage & Burnham is pleased to announce that Chambers USA 2019: America’s Leading Lawyers for Business has ranked six of the firm’s attorneys and our largest practice group among the best in the U.S.

Chambers and Partners, which produces “Chambers USA,” is a client referral organization that researches and subjectively ranks attorneys and law firm practice groups nationwide. It ranks firms and lawyers who are considered leaders in their profession.

The firm earned rankings in two of its core areas:
Zoning/Land Use (Band 1) and Real Estate (Band 2*).

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