Land Use

By: Cameron Artigue

On March 22nd, 2022, the Arizona Supreme Court issued an opinion on Kalway v. Calabria Ranch HOA LLC et al. regarding the scope of permissible amendments to Covenants, Conditions and Restrictions (CC&Rs).  The Court affirmed that principles of “notice” and “foreseeability” limit the scope of potential amendments to CC&Rs.  A general provision for amendments (such as “these restrictions may be amended in whole or in part’) does not open the door to all possible amendments. Rather, amendments to CC&Rs are permitted only if they are foreseeable refinements to existing obligations.

The Court’s ruling only applies to amendments that impose “affirmative obligations” that create restrictions on use. 

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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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May you live in interesting times.

Are they done counting yet? (No!) Good to see that Arizona voters (and vote counters) continue to know how to weave a dramatic story full of twists and surprises.  Arizona now has two Democratic US Senators, but kept the State Legislature Republican – with or without Senator McGee: still counting….

Here are the results as of Monday morning, November 9, along with some observations from Gammage & Burnham’s team of State and local lobbyists.  We’ve been there to help you in 2020, and we will be there to help you in 2021.

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Gammage & Burnham is pleased to announce that 29 of our attorneys have been named to the 2021 Best Lawyers© list!  Best Lawyers©  recognition is based solely on a confidential peer review process.

Special congratulations to Timothy N. Forsman, Daniel L. Marks, and James B. Senften for being named to the inaugural “Ones To Watch” list and to Randall S. Dalton and Joseph P. Richardson who have been recognized as “Lawyers of the Year” in their respective categories.

See below the full list of our awesome attorneys that have been recognized.

Best Lawyers

Stephen W.

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U.S. News Best Lawyers® announced today that Gammage & Burnham is nationally ranked in seven practice areas and regionally ranked in 18 practice areas.  The U.S. News – Best Lawyers® “Best Law Firms” rankings are based on a rigorous evaluation process, and Best Lawyers®  is the oldest peer-review publication in the legal profession.

The firm received national rankings for the following practice areas:

1. Land Use & Zoning
2. Litigation- Real Estate
3. Bankruptcy and Creditor/Debtor Rights
4. Construction Law
5. Health Care Law
6. Litigation- Construction
7. Securities Regulation

The firm was recognized for its work in the Phoenix metropolitan area in the following practice areas:

1. Administrative / Regulatory Law (Tier 1)
2. Banking and Finance Law
3. Bankruptcy and Creditor/Debtor Rights (Tier 1)
4. Business Organizations (Tier 1)
5. Commercial Litigation (Tier 1)
6. Construction Law (Tier 1)
7. Corporate Law
8. Corporate Governance Law
9. Health Care Law (Tier 1)
10. Land Use & Zoning Law (Tier 1)
11. Litigation – Bankruptcy
12. Litigation – Construction (Tier 1)
13. Litigation – Labor & Employment
14. Litigation – Land Use & Zoning (Tier 1)
15. Litigation – Real Estate (Tier 1)
16. Mergers & Acquisitions Law
17. Real Estate Law (Tier 1)
18. Securities Regulation

Congratulations to all of our brilliant attorneys who have worked to make Gammage & Burnham recognized both nationally and in our community!

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