Real Estate Land Use, Planning and Zoning

Gallagher & Kennedy’s land use attorneys represent clients in a wide range of land use and development-related ventures and issues.  The firm is often asked to provide advice and assistance on projects ranging from drafting statewide planning and land use legislation to managing the state’s largest master planned communities through the increasingly complex process of land use approvals and entitlements.

Our representation involves negotiations, preparation and presentation of requests for approval of master plans, specific plans, general plan amendments, re-zonings, site plans, subdivision regulations, special use permits, variances and zoning interpretations.  If necessary, we also challenge the denial or conditioning of these requests in court or before administrative bodies.  In addition, we handle matters related to:

  • Infrastructure agreements
  • Vesting of development rights with development agreements, leases and land exchanges
  • Analysis of development water rights
  • Coordination of environmental and archaeological assessments
  • Appearance in administrative and judicial proceedings to invalidate land use exactions, to compel issuance of permits, to overturn unfavorable land use decisions and to challenge other zoning actions

The practice also includes the drafting of state and local planning legislation and ordinances, and assisting with the negotiation and formation of community facilities districts and the use of other infrastructure financing tools.

Our land use attorneys have been involved with some of the state’s most complex and high profile urban projects, including the establishment of Bank One Ballpark (now Chase Field) in downtown Phoenix and the efforts to finance and locate the stadium to be used by the Arizona Cardinals.  We represent private developers in structuring and utilizing existing incentive opportunities for office and mixed-use projects, including the Collier Center and the Camelback Esplanade in Phoenix, and have negotiated several high profile economic incentive agreements, including agreements for the Scottsdale Waterfront and IKEA.

Gallagher & Kennedy’s real estate team is highly skilled in planning and zoning matters.  We are actively engaged in obtaining zoning approvals, use permits, general plan and comprehensive plan amendments, variances, and subdivision and development approvals in the municipalities of Maricopa County, Pinal County, Pima County, Yavapai County, and throughout the State of Arizona, as well as in the unincorporated areas of Arizona.

Our zoning attorneys work closely with city council members, county supervisors, planning commissioners, planning staff members, neighborhood leaders, and others to bring our clients’ projects to a successful result.  Our experience with these individuals and groups, coupled with our understanding of zoning law and process, are key assets to assisting our clients develop their properties.