Arizona Court of Appeals, Division Two holds that Arizona’s historic preservation statutes apply only to state agencies, which do not include political subdivisions.

The Pima Community College District Board, a political subdivision, acquired three historic hotels that it sought to demolish. The Arizona Preservation Foundation filed suit, arguing that the District is bound by Arizona’s historic preservation laws, which require it to consult with the state historic preservation officer before demolishing the hotels. The District responded that the preservation laws apply only to state agencies, not political subdivisions. The superior court agreed with the District. Thus, the court denied the Foundation’s motions for a preliminary injunction and a stay pending appeal. The court of appeals accepted special action jurisdiction but denied relief.

Under A.R.S. § 41-863, a state agency must consult with the state historic preservation officer before demolishing historic property. While Arizona statutes sometimes define state agencies to include political subdivisions, the historic preservation statutes do not do that. In fact, the historic preservation statutes and other unrelated statutes adopted at the same time repeatedly list state agencies as distinct from political subdivisions.  In addition, the legislature enacted other statutes that create separate historic preservation responsibilities for political subdivisions. In sum, the plain language of the historic preservation statutes, in the overall context, establishes that the legislature did not intend for them to apply to political subdivisions. Accordingly, the superior court did not err because the Foundation could not establish a strong likelihood of success.

Judge Eckerstrom authored the opinion of the Court, in which Judges Vasquez and Sklar joined.  

Posted by: Brandon T. Delgado