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Fritz v. City of Kingman

Arizona Supreme Court
957 P.2d 337 (1998)


Facts

The City of Kingman (defendant) adopted a general zoning plan in 1992, which established the area in which Kiersten Fritz (plaintiff) owned property as one that could accommodate one to four residences per acre. At the time of adoption, Fritz’s land was specifically designated R-R, a code allowing only one dwelling per acre. In 1997, Fritz requested that her land be reclassified as R-1-8 so as to allow for up to four dwellings per acre, still consistent with the general plan. The City honored the request. Thereafter, the Committee for Responsible Rezoning petitioned for the City’s decision to be referred for review by the electorate. Fritz brought suit, seeking rejection of the referendum petitions. Fritz moved for summary judgment, contending that the rezoning decision was an administrative act not subject to a referendum. The trial court denied the motion, concluding that the decision was instead a legislative act. Fritz appealed, arguing that the 1992 general plan that permitted one to four residences per acre in the area in which her land was located was itself a legislative act on which opposing parties could and should have sought a referendum, unlike the later reclassification.

Rule of Law

Issue

Holding and Reasoning (Gerber, J.)

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