The Arizona Biltmore Golf Course was developed in one of the most exclusive neighborhoods in Arizona.
The Covenants, Conditions and Restrictions (CC&R’s) on the Golf Course were about to expire, which would allow the property owner and our client at the time, Kabuto Arizona Properties, LLC to build luxury homes on the Golf Course pursuant to the underlying zoning.
The City, at the behest of a few property owners adopted a new zoning category, “Golf Course” and over the objection of Kabuto Arizona Properties, LLC placed that zoning on their property taking away through unilateral regulation their property rights.
Lazarus & Silvyn, P.C. handled the Text Amendment and Zoning process, jointly worked on a referendum that went to the appellate court and ultimately, after five years, lead the negotiation of a settlement agreement, which allowed the development of 115 residential units on the Golf Course for a permanent restriction on the remaining Golf Course for only golf course and ancillary uses.