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Protecting a Property Owner’s Due Process Rights (Prop 207 Case)

Goodman v. City of Tucson

Case Status

Date Filed

March 11, 2008

Last Step

Next Step

Pending

Case Overview

We asked for a declaration that the demolition amendments violate Goodman’s due process rights, an injunction prohibiting the enforcement of the demolition amendments, and compensation for the diminution of Goodman’s property values.

Mike Goodman is a Tucson businessman who buys run-down properties in the downtown area and near the UofA, demolishes them, and rebuilds upscale housing. His developments increase property values and help meet the shortage of student housing. It is a model of infill development.

But the City of Tucson enacted local demolition amendments that subject property owners to vague, subjective standards that instantly reduced property values. At the end of the process, the City is authorized to sell the owner’s property if it chooses. Under Prop 207, the Private Property Rights Protection Act, governments are required to compensate property owners when new laws or regulations diminish property values.

The Goldwater Institute represented Goodman in Pima County Superior Court. We asked for a declaration that the demolition amendments violate Goodman’s due process rights, an injunction prohibiting the enforcement of the demolition amendments, and compensation for the diminution of Goodman’s property values. A judge ruled in favor of Goodman. The next step in the case is to determine how much the City of Tucson must pay Goodman in damages. The Goldwater Institute is not part of this portion of the case and private attorneys in Tucson are now handling the damages issue.

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