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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.
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.
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.
Congratulations to Councilmember Debra Stark and Councilmember-elect Yassamin Ansari on their victories in the March 9, 2021 runoff election for Phoenix City Council Districts 3 and 7!
Councilmember Debra Stark was re-elected to the Phoenix City Council, overwhelmingly defeating her opponent for the District 3 seat.
Councilmember Stark has spent her entire career in public service, including in the planning departments of Peoria, Phoenix, and Maricopa County. She is completing her first four-year term on the City Council. Since her election in 2016, Debra has been a key, moderate voice on the Phoenix City Council.
Gammage & Burnham has been watching several important bills related to the development industry currently making their way through the Legislature. While the Session still has a long way to go, here is what we can tell you so far.
The Legislature has shown strong bipartisan support for the following:
- SB1258, COVID Permit Expiration Relief. The COVID pandemic has inspired the Legislature to advance a bill that will “toll,” or delay, the expiration of permits. If a development project has been delayed because of COVID, this could be very helpful.
- SB1520, General Plan Amendment Requirements.
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