## Facts

- The City of Kingman adopted a general plan in 1992 after public hearings; its land-use map placed Kiersten Sue Fritz’s property in an area where residential densities could range from one to four dwelling units per acre.
- Despite the general plan’s density range, Fritz’s parcel remained zoned R-R, allowing one dwelling unit per acre.
- In 1997, at Fritz’s request, the City enacted an ordinance rezoning the parcel to R-1-8, permitting up to four dwelling units per acre.
- A citizens’ group opposing the change filed referendum petitions seeking to refer the rezoning ordinance to the voters.
- Fritz and a supporting political committee sued to require the City to reject the referendum petitions, contending the rezoning was an administrative act not subject to referendum.
- The trial court ruled for the opposing group, concluding the rezoning ordinance was legislative and referable, and denied the opposing group’s request for attorney’s fees and costs.

## Issues

1. Whether the 1997 rezoning ordinance was a legislative act subject to referendum or an administrative act implementing the 1992 general plan and therefore not referable.
2. Whether the opposing citizens’ group was entitled to an award of attorney’s fees and costs.

## Decision

- The Arizona Supreme Court affirmed the trial court’s judgment that the rezoning ordinance was legislative and subject to referendum.
- The court held that consistency with a general plan does not transform a zoning ordinance into an administrative act.
- The court rejected reliance on prior precedent involving implementation of a public-works plan as a basis to reclassify rezoning as administrative.
- The court affirmed the denial of attorney’s fees and costs to the opposing citizens’ group.

## Legal Principles

- Zoning decisions, including rezonings, are legislative acts and therefore generally subject to referendum under Arizona’s constitutional referendum power.
- A general plan’s land-use designations do not themselves rezone specific property; a later ordinance that changes a parcel’s zoning classification is a separate legislative act.
- A zoning ordinance does not become administrative merely because it conforms to, or is consistent with, a previously adopted general plan.

## Conclusion

The court held that the City’s parcel-specific rezoning ordinance remained a legislative action subject to referendum even though it aligned with the City’s earlier general plan, and it left intact the trial court’s refusal to award attorney’s fees and costs.


Fritz v. City of Kingman, 957 P.2d 337 (Ariz. 1998)