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Email this StoryJudge keeps Tucson property rights case alive
Posted - 11/5/2009 at 4:36PM
TUCSON, Ariz. (AP) - A Pima County Superior Court judge is keeping alive a lawsuit that is one of the first court cases involving a state constitutional requirement for compensation for property value reduced by land-use regulations.
Builder Michael Goodman sued for damages over a Tucson building code provision imposing a review process for demolition permits to tear down buildings.
Judge Paul Tang on Tuesday denied the city's request for a pretrial ruling in its favor on grounds that the city's repeal of the section meant Goodman's suit shouldn't go forward.
Tang ruled that it would be absurd to deny damage claims just because the section was repealed.
A lawyer for Tucson said Thursday the city will continue to defend against Goodman's suit, with the case moving ahead to pretrial fact-finding and other proceedings.
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