For each case, here's a link to the whole case, then a look at how the case applies to Cochise County P&Z.  These are SUMMARIES of complex cases; you should follow the link to the whole cases and read them for yourself.


says that P&Z may not require a person to give up a constitutional right in exchange for a permit, where the right has little or no relationship to the permit.  The necessary connection required by the Fifth Amendment is "rough proportionality;" precise equivalence isn't required, but there must be an individualized determination that the right given up is related in nature and extent to the permit obtained.


says that if P&Z can legitimately forbid a particular land use, then P&Z can condition the use upon the owner's concession of some property rights, IF the concession furthers the same governmental purpose that allows entirely prohibiting the use.


says that P&Z regulation that deprives land of all economically beneficial use generally constitutes "taking the land," and requires the county to pay just compensation to the owner.

First English

says that if the county must pay just compensation to a property owner, the compensation must start from the time the property was taken.


says that a suit to challenge a P&Z decision can be filed only if the decision is final, but also that even if you took property after a P&Z decision became final, you can still challenge if the decision was extreme and unreasonable.


says that not every prevention of an owner's use of property constitutes a taking which requires compensation; for instance, ordinary delays during processing permits do not constitute such a taking.

Obviously, if you "go to the mattresses" on any of these points, you must have an attorney.  And fine points will come up in applying the cases; for instance, if P&Z unreasonably refused to issue a permit for a long time, during which property sustained weather damage, then a court might find P&Z's delay to be a "taking of property" for which the county must compensate an owner.  If P&Z was unreasonable and frivolous during a suit, the county might also have to pay the citizen's legal fees.