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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
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.
Legislation Passes to Allow Restaurants to Sell Cocktails and More To-Go
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.
55th Legislative Session: Wrapping Up
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.
Ashley Zimmerman Marsh Joins Gammage & Burnham as Partner
We are pleased to announce that Ashley Zimmerman Marsh has joined Gammage & Burnham as a Partner.
An Arizona native, Ashley Zimmerman Marsh concentrates her practice in Land Use and Zoning. She represents a wide range of property owners, developers, and homebuilders throughout the Valley in each step of the zoning and land use entitlement process, including due diligence, rezoning, plan amendments, variances, use permits, development agreements, site planning, platting and post-entitlement development issues. With each representation, Ashley partners with her clients, and their development and brokerage teams, on strategy and execution to maximize value for each client and matter.
Ten Gammage & Burnham Attorneys Named as 2021 Super Lawyers®
Gammage & Burnham is proud to announce that seven of our attorneys have been named by Southwest Super Lawyers® as being among the top attorneys in Arizona for 2021. Three additional attorneys were named to the 2021 Southwest Rising Stars list.
Southwest Super Lawyers
Stephen W. Anderson
Cameron C. Artigue
Richard B. Burnham
Grady Gammage, Jr.
Thomas J. McDonald
Jeffrey J. Miller
Christopher L. Raddatz
Southwest Rising Stars
Susan E. Demmitt
Melissa Posner Jarrett
Ashley Zimmerman Marsh
Super Lawyers selects attorneys using a patented multiphase selection process.

