Town answers zoning lawsuit - Tucson Local Media: Pima Pinal

Town answers zoning lawsuit

Case lacks evidence, town lawyers say

Print
Font Size:
Default font size
Larger font size

Posted: Tuesday, August 12, 2008 11:00 pm

Lawyers for Oro Valley have issued a response to a lawsuit that alleges town employees denied a plaintiff his due process rights in a building renovation application.

In their response, dated July 23, Oro Valley’s lawyers asked for dismissal of the charges.

The plaintiff, Reflections at the Buttes owner John Fazio, claimed town building safety employees needlessly withheld his application for a certificate of occupancy at the business that serves as a reception hall, church and a home.

Fazio claimed that Oro Valley officials have harbored a grudge against him for an earlier judgment he won against the town.

He also accused one employee of hiding and altering a document that was part of an application for building renovations.

Town Attorney Tobin Rosen denied the allegation.

The town’s lawyers asked that the judge throw out the case on grounds that Fazio waited too long to file a claim against the town.

They claim that Fazio was first denied a certificate of occupancy for Reflections at the Buttes in 2001, but that he didn’t file suit against the town for seven years.

State law says that actions against a public entity or employees should be brought within a year after the alleged injury occurs.

Attorneys also asked that the case be dismissed because Fazio and his lawyers did not provide sufficient facts to prove their claim that the town violated due process.

“Even if the town’s decision was wrong, this does not equate to a federal violation of substantive due process,” town lawyers wrote in their reply to Fazio’s claims.

Fazio’s attorneys requested the judge grant them time to issue a reply to the town’s filing.

Rosen did not want to comment further on the lawsuit except to say that the case has always been about Fazio’s failure to comply with building safety codes, not a vendetta against him.

© 2016 Tucson Local Media. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

More about

More about

More about

Welcome to the discussion.

Clutch - X-Ray Visions

More Featured Videos

Featured Videos

Spacer4px

Online poll

The Marana capital improvements improvements are expected to take years to complete as Marana finds the best plan of action to complete the projects and fund the improvements. Do you think this is a good idea?

The town of Marana is looking at ways to do capital improvements to the oldest neighborhoods in Marana. Over the next few months the town will survey older neighborhoods and see what amenities they need and form a plan to make sure neighborhoods have paved roads, sidewalks, adequate drainage, lighting and even pocket parks. “We want to make sure that every neighborhood has a base standard for infrastructure,” said Marana Town Manager Gilbert Davidson. The improvements are expected to take years to complete as Marana finds the best plan of action to complete the projects and fund the improvements. Do you think this is a good idea?

Total Votes: 13

Loading…

How do you feel about a potential memorial art project to honor our community’s bravest men and women?

During the Jan. 20 town council meeting, a vote was unanimously passed to look into the feasibility of a “Memorial Public Art Project,” at the request of Oro Valley resident Dick Eggerding to potentially be placed somewhere in the town to honor military veterans and first responders. Though no concrete plans were then ready to act on, there was a show of overwhelming support for such project from residents and staff alike during the council meeting. In an effort to poll to community at-large, The Explorer would like to know how you feel about a potential memorial art project to honor our community’s bravest men and women.

Total Votes: 25

Loading…

Follow us on Facebook