Tuesday, October 09, 2007

Flagstaff residents test property-rights law

[Source: Paul Davenport, Associated Press] -- Four Flagstaff residents on Wednesday sued the city in what is regarded as a test case of enforcement of a sweeping property-rights law approved by Arizona voters last year. The lawsuit claims that a special historical designation approved by the city diminished property values, in one case by preventing a resident from making a planned addition to the house he bought in 2006. The other plaintiffs also live in the same neighborhood covered by the historical designation and claimed similar damages because of rules imposing height limits and other construction restrictions.

The lawsuit was filed in Coconino County Superior Court in Flagstaff on behalf of Flagstaff residents Jon Regner, Paul Turner, Bob Richards and Margaret Allen. Richards and Allen are married. The group will be represented by the Sacramento, Calif.-based Pacific Legal Foundation. The lawsuit is said to be the first filed in connection with Proposition 207. Along with imposing new restraints on use of eminent domain, Proposition 207 mandates that state and local governments generally provide compensation for people whose property lost value due to government action. [Note: To read the full article, click here.]