INSIDE TUCSON BUSINESS:  Weds., Nov. 12, 2008

Judge rules city's year-old demolition code is void

By Joe Pangburn

 

A City of Tucson ordinance passed last year adding new requirements before “historical” structures can be demolished was ruled void by Superior Court Judge John F. Kelly.  The ruling said the city should have followed procedures laid out by the Legislature in establishing an historical district.

The city ordinance required that before buildings more than 45 years old, and within the 1953 city limits, can be demolished there must be an historic survey of every property within 300 feet. Backed by the Tucson Association of Realtors, Eric Button sued the city challenging the ordinance for property he owns in the Jefferson Park neighborhood, southwest of North Campbell Avenue and East Grant Road.

“The judge ruled in Eric Button’s favor entirely,” said Colin Zimmerman, director of public affairs for the Realtors. “We were correct that the law was not passed properly. It’s a big win. It is important to follow process when the city passes an ordinance. The demolition code was passed at the last-minute without any public input. This ruling upholds our position that this is not how our laws should be made.”

Kelly’s ruling said the historical review required by the city’s new code had nothing to do with health and safety and therefore was not a reasonable exercise of the city’s police power.