Industry News

Realtors prevail in protest of historic review

Tucson group opposed demolition permit process

A Tucson, Ariz., resident backed by the Tucson Association of Realtors has prevailed in a lawsuit against a city ordinance that requires historic review prior to issuance of a demolition permit for his home, though the city may pursue an appeal. The Realtor group, in paying the resident's legal costs, sought "to establish legal precedent that will prevent cities from using similar tactics in the future to try to take away private property rights without first providing the requisite due process," according to an announcement in September, when the lawsuit was filed. The resident, Eric E. Button, charged in his lawsuit that the city's demolition permit process is void because it effectively served as a zoning ordinance "that the city enacted without satisfying the due process requirements" under state law. "These requirements include, at a minimum, a hearing on the matter and public notice published in a newspaper of general circulation at least 15...

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