Rose Law Group litigator Evan Bolick comments on SCOTUS’ reversal allowing property rights plaintiffs to go directly to federal court

NAHBNow In a huge victory for NAHB and its members, the U.S. Supreme Court today reversed a long-standing land use decision that made it nearly impossible for property owners to bring a Fifth Amendment takings claim in federal court. In 1985, the Supreme Court issued a decision, referred to as the Williamson County decision, that forced land use plaintiffs to …

Rose Law Group litigator Evan Bolick on Arizona’s new bill banning cellphone use while driving

By Evan Bolick, Rose Law Group litigator Legislation often struggles to keep pace with new technology. Typically, Arizona has been at the forefront of embracing innovation as the State is amongst the leaders of the country in allowing future-tech such as self-driving vehicles and drones to test and operate. However, in passing the new “hands free” cell phone law, Arizona …

Attorney General concludes state law does not override Tempe ‘dark money’ ordinance; issue could go to court, says Evan Bolick, Rose Law Group litigator

By Howard Fischer | Capitol Media Services via Arizona Capitol Times Tempe can enforce its voter-approved ordinance aimed at shedding light on “dark money” spending in local elections despite a state law that appears to be to the contrary, the Attorney General’s Office has concluded. But whether city residents can get some of the information they want on the political …

The end of YouTube?

By Evan Bolick | Rose Law Group litigator The European Union (EU) just passed a law holding Google, which owns YouTube, directly responsible for the upload of any material infringing copyrights to YouTube. The potential consequences are alarming and jeopardize the very existence of YouTube, or at least YouTube as we know it. Initially, this law completely inverts traditional legal …

Phoenix looks to tax medical-marijuana industry $50 million per year to fund public safety; city singling out industry, says Evan Bolick, Rose Law Group Litigator

By Jessica Boehm | Arizona Republic Phoenix is considering a massive tax on the medical-marijuana industry that could generate $40-50 million per year for the police and fire departments. The tax, which would be charged to companies based on the size of each of their dispensary and cultivation sites, could cost some medical-marijuana distributors more than $1 million per year. It would be …

[EXCLUSIVE] Important water ruling analyzed

By Evan Bolick, Rose Law Group Litigator Yesterday the Arizona Supreme Court issued an important ruling relating to water rights.  Here’s a link to the opinion – and a brief summary of the highlights below. MAIN QUESTION – Is ADWR required to consider unquantified federal reserved water rights when determining the adequacy of developers’ water supplies? MAJORITY says no. Acknowledges …

Kavanaugh and home building: What the record shows — and what Rose Law Group litigator Evan Bolick says about it

NAHBNow As legal pundits and news outlets pour over Judge Brett Kavanaugh’s extensive judicial record to learn more about President Trump’s new Supreme Court nominee, members need only turn to the multiple NAHB court cases over which Kavanaugh has presided at the U.S. Court of Appeals for the D.C. Circuit to get a fuller picture. In his 12 years on …

Hitching Post CUP approved by Apache Junction

Apache Junction City Council held a public hearing of an appeal by Rose Law Group litigator and land use attorney Evan Bolick P&Z decision resolved with Council siding with original staff recommendations By Bill Van Nimwegen | Apache Junction & Gold Canyon Independent The Hitching Post establishment was granted a conditional use permit (CUP) to expand its attractions and hold …

Evan Bolick, Rose Law Group litigation and land use attorney, presenting on Arizona land use, June 1st, 2018

Co-Sponsored by the American Planning Association, Arizona Chapter Rocky Mountain Land Use Institute 2018 Land Use Update  This year’s Land Use Update focuses on hot topics targeted by recent cases and legislation. The opioid crisis has led to the ubiquitous presence of Sober Recovery Homes, leaving many local governments and neighborhoods grappling with whether and how to deal with them. …

Got ‘sober living’ homes in your neighborhood? Arizona may begin licensing them; encouraging to see legislature taking interest says Evan Bolick, Rose Law Group Litigator

By Howard Fischer | Tucson.com Arizona lawmakers appear ready to regulate “sober living” homes statewide, beginning in 2020. Without dissent the House Health Committee agreed Thursday to have the Arizona Department of Health Services license the facilities that have popped up in the past few years around the state. HB 2529 now goes to the full House. The move comes …