2017 Land Use Law Update

APA Arizona Chapter


Friday, June 9, 2017
8:30 a.m. - 4:30 p.m. MST

Phoenix, AZ, United States

CM | 6.50
L | 1.50
E | 1.50

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This year’s Land Use Update takes us into the trenches to discuss issues Arizona planners and land use lawyers regularly deal with and debate.

The Arizona Legislature adopted the “nuclear option” in 2016—a law withholding state shared revenues from local governments whose regulations conflict with state law. Government lawyers and planners are now less likely than ever to pursue any cutting-edge regulatory scheme that might attract the attention of a state legislator and the thumbs-down from the Arizona Attorney General’s Office. Our first session will provide a front-line update from lawyers representing the opposing parties in City of Tucson v. State of Arizona, the lawsuit challenging SB1487.

Existing golf courses are facing challenges with maintenance/management costs and redevelopment pressures. In our second morning session, a local government official, a developer, and an attorney specializing in the representation of homeowners associations will discuss golf course redevelopment issues and impacts.

This year’s luncheon speaker is Professor Daniel Mandelker of Washington University in Saint Louis. A preeminent land use lawyer and prolific author on a wide variety of land use subjects, Professor Mandelker will discuss affordable housing and his recent article, Zoning Barriers to Manufactured Housing, found in the Spring 2016 edition of The Urban Lawyer.

The afternoon will begin with our annual ethics session for planners and lawyers, and will end with our annual update of legislation and recent land use cases. Sandwiched between is a mid-afternoon session featuring three prominent land use practitioners discussing a smorgasbord of eternal unresolved issues that have been the fodder for endless arguments among Arizona planners and lawyers. Bring your favorite unresolved land use issues and opinions and join in the debate.

8:30 - 9:00 a.m.

Registration/Continental Breakfast/Networking with Speakers and Planners

9:00 - 9:10 a.m.

Welcome and Introduction of Speakers

9:10 - 10:30 a.m.

May State-Shared Revenues be Withheld from Cities the AG Deems to Have Exceeded Their Authority?

  • Overview of SB 1487
  • Current Litigation: Tucson v. State
  • Potential Impacts on Local Regulations, Including Zoning
  • Other Similar Legislation in the Pipeline

Presented by: Mike Rankin, Tucson City Attorney; Paul Watkins, Division Chief, Civil Litigation, Office of the Attorney General
Moderated by: Frank Cassidy, Marana Town Attorney

10:30 - 10:45 a.m.


10:45 a.m. - Noon

Golf is Tee'd Off
Rising Land Values, Financial Viability, and Diminished Demand are Incentives for Golf Course Owners to Sell or Redevelop.

  • What Options are Available?
  • What Property Rights are Impacted as Decisions are Being Made Regarding Golf Course Property?

Presented by: Inger Erickson, Phoenix Parks & Recreation; Brian Baehr, VP Land Development, Grayhawk; Scott Carpenter, Esq., Carpenter Hazelwood
Moderated by: Sandra Hoffman, City of Phoenix Planning and Development

Noon - 1:00 p.m.

Lunch Presentation (Lunch is included.)
The Challenge of Affordable Housing

Presented by: Daniel Mandelker, Washington University, St. Louis

1:00 - 1:15 p.m.


1:15 - 2:15 p.m.

Ethics for Planners and Lawyers

  • Presentation and Audience Discussion of Lawyer and Planner Ethical Issues

Presented by: Margo Wheeler, FAICP, Professor, Northern Arizona University; Ann Ching, Ethics Counsel, State Bar of Arizona
Moderated by: Sandra Hoffman, City of Phoenix Planning and Development

2:15 - 2:30 p.m.


2:30 - 3:30 p.m.

The Eternal Unresolved Issues in Arizona Land Use Law

  • 3/4 Vote; Development Agreements - What Can They Do?; Consistency with General Plan; Can Development Agreements be Referred?; Legality of Design Review; Administrative vs. Legislative Acts - Who Decides?

Presented by: Cameron Artigue, Gammage & Burnham; Andrew Miller, Paradise Valley Town Attorney; Dan Folke, AICP, Flagstaff Planning Director
Moderated by: Doug Jorden, Jorden Hiser & Joy, PLC

3:30 - 4:30 p.m.

Legislative and Case Law Update

  • 2017 Legislative Session
  • Recent Arizona Cases; Pawn 1st v. Phoenix

Presented by: Tom Dorn, Dorn Policy Group, Inc.; Lindsay Schube, Gammage & Burnham; Susan Demmitt, Gammage & Burnham
Moderated by: Frank Cassidy, Marana Town Attorney

4:30 p.m.



Resource URL



Douglas Jorden

Confirmed Speaker

Douglas A. Jorden is a founding member of the Jorden Hiser & Joy law firm in Phoenix, Arizona. His practice emphasizes land use and zoning, municipal law, environmental regulation, real estate transactions and Indian law. Mr. Jorden served as Town Attorney for Paradise Valley, Arizona, from 1978 to 1982, and as ... Read More

Frank Cassidy

Confirmed Speaker

Frank Cassidy is the Marana Town Attorney and a Certified Real Estate Specialist. He has handled a wide range of land use, eminent domain, and public works construction matters since his 1982 graduation from the University of Arizona College of Law. Frank has practiced law in large and small private ... Read More

Sandra Hoffman, AICP

Confirmed Speaker

Sandra Hoffman has a Master of Environmental Planning from Arizona State University and a Bachelor of Landscape Architecture from the University of Arizona. Sandra is a member of the American Institute of Certified Planners and has served as the Vice President for Professional Development for the Arizona Chapter of the ... Read More

Contact Info

Sheila Deschaaf, sdeschaaf@paysonaz.gov