Emmett McLoughlin Realty v. Pima County

2002

Court: AZ Court of Appeals

Facts: Zoning statute requires written consent of property owners.

Posture: Trial court says this is unconstitutional. Appeal.

Issue: Can the legislature delegate power to private individuals?

Holding: No.

Rule: This takes regulatory decision making out of the zone of accountability.

Reasoning: Property owners can't be given unbridled discretion.

Dicta: