February 1, 2024
Await opposition’s response.
Anil Patel is a property owner in the city of Holbrook, Arizona. His property is currently a Howard Johnson motel. In December 2022, he planned to sell his property to a buyer who desired the property’s available uses in that commercial zone. But the city of Holbrook interfered when it enacted a new ordinance that removed an existing property use for the hotel. The ordinance was passed by the city council in order to restrict what businesses can operate in Holbrook. This left Anil without a buyer, and the value of his property decreased.
Arizona’s Private Property Rights Protection Act (also known as Prop 207) was enacted to ensure that property owners are fairly compensated when government regulations decrease the value of private property. Under Prop 207, if a property owner’s right to use their land is restricted by a land use law, and that reduces the fair market value of the property, owners are entitled to just compensation.
That is why the Goldwater Institute filed a lawsuit against the city of Holbrook demanding the just compensation Anil is entitled to for the city’s restriction of his property rights.
The case is Patel v. City of Holbrook. The complaint was filed on January 31, 2024, in Navajo County Superior Court.
Stacy Skankey is a Staff Attorney at the Goldwater Institute’s Scharf-North Center for Constitutional Litigation. She graduated from the Sandra Day O’Connor College of Law at Arizona State University and is admitted to practice law in Arizona. During law school, Stacy spent a semester as a Goldwater Institute Ronald Reagan Fellow. She also served as… Read more...
Timothy Sandefur is the Vice President for Legal Affairs at the Goldwater Institute’s Scharf-Norton Center for Constitutional Litigation and holds the Duncan Chair in Constitutional Government. He litigates to promote economic liberty, private property rights, free speech, and other crucial values in states across the country. Timothy is the author of eight books, including most… Read more...
Jon Riches is the Vice President for Litigation for the Goldwater Institute’s Scharf-Norton Center for Constitutional Litigation and General Counsel for the Institute. He litigates in federal and state trial and appellate courts in the areas of economic liberty, regulatory reform, free speech, taxpayer protections, public labor issues, government transparency, and school choice, among others.… Read more...
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