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See What We’re Up To!Stay informed and up-to-date on the latest developments in land use and zoning law with insights and analysis from our experienced team of attorneys.
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Chambers USA: America’s Leading Lawyers for Business once again recognized Withey Morris Baugh among the best firms in Arizona, earning the highest ranking – Band 1 – in Real Estate: Zoning/Land Use practices. Bill Allison, Adam Baugh and Jason Morris were also among the top lawyers in Real Estate: Zoning/Land Use practices.
Chambers USA, considered the most trusted worldwide law resource guide, ranks the top lawyers and law firms across all the United States of America. Rankings are the result of thousands of in-depth interviews by the largest research team of its kind that is trusted across the globe to objectively rank the world’s best lawyers and law firms.
Data centers may be the backbone of the digital economy, but getting them approved on the ground is anything but seamless. In this episode, we unpack the growing tension between surging demand for data infrastructure and the realities of local zoning and land use regulation—where megawatts meet municipal code.
From intensive utility demands and transmission constraints to water usage concerns, noise, and community skepticism, data center projects often face a uniquely complex entitlement path. We explore why jurisdictions are grappling with how to classify and regulate these facilities, and how outdated zoning frameworks struggle to keep pace with hyperscale development.
We also dig into the politics: why neighbors push back, how elected officials respond, and what it takes to position a project as compatible—even beneficial—to the surrounding community. Along the way, we break down practical strategies for navigating rezoning, securing use permits, and building a defensible record that can withstand scrutiny.
Whether you’re a developer, land use attorney, planner, or policymaker, this episode offers a candid look at the friction points—and opportunities—shaping the future of data center siting.
The pursuit of land use entitlements comes with risk. For partners Adam Baugh and Jason Morris, the risk was worth the reward as they converted a local bar into a swanky law office complete with a putting green and a speakeasy. The redevelopment of this 40-year-old building is a masterclass in adaptive reuse execution. Said best, “I’m sure the sports bar served better wings, but we dispense way better advice.” Join us in the journey of this office flip.
In this episode, we break down the concept of proportionality appeals in the land use context and why they have become an increasingly important tool for developers and property owners. When cities and towns impose conditions on development approvals—whether through exactions, infrastructure requirements, or other mitigation measures—the law requires those conditions to remain proportional to the impacts of the project.
Drawing on the U.S. Supreme Court’s landmark decisions in Nollan v. California Coastal Commission and Dolan v. City of Tigard, we explore the constitutional limits on government exactions and how the principles of “essential nexus” and “rough proportionality” shape local land use decisions. We also discuss how those standards apply when challenging permit conditions and what developers should consider before filing a proportionality appeal.
Whether you are a developer, planner, municipal official, or land use attorney, this episode offers practical insights into when a condition crosses the line—and how proportionality appeals can help restore balance between legitimate public interests and private property rights.
Tune in as we unpack the legal framework, real-world implications, and strategic considerations behind one of the most important doctrines in modern land use law.
Changing the status quo can be hard for neighbors to accept, and it often drives NIMBY reaction to new development. Smart developers know the value of hiring a Neighborhood Outreach Specialist. Hear how Tom Bilsten navigates community outreach and makes it an early step for development success.
Boys love their toys…but where can you put them? Jason Phillips at Wesley Development cracked the code in the development of the Toy Barn, a luxury storage condo project meant for all your biggest toys.
Recent shootings and other public discord have affected us all. How do we disagree better? County Supervisor Mark Stewart and former Councilwoman Kathy Tilque still have hope.
Turning dirt to development is hard enough, but try converting a golf course into a new subdivision and the whole world loses their mind. Against all odds, the impossible became possible over a three-year slog. As the saying goes, where there is a will, there is a way.
Rich Zacher has nine (development) lives. Listen as we go down memory lane with one of our favorite guests.
Every superhero has an origin story and so do our zoning attorneys. Whether begging for a job, stalking your future employer, or asking your mom to make an intro…it requires creativity to launch a coveted zoning career. Listen as we reflect back on starting a career in land use and zoning law.
We’re excited to share that Withey Morris Baugh has once again earned a Band 1 ranking – the highest possible – from Chambers USA in Real Estate: Zoning/Land Use practices.
This elite recognition places us among the top law firms in Arizona for our work in land use, zoning, and real estate matters. We’re also proud that Bill Allison, Jason Morris and Adam Baugh individually received recognition in this practice area.
Chambers USA is considered the most trusted legal resource guide in the world, with rankings based on thousands of in-depth interviews conducted by the largest research team of its kind. Their independent review is respected globally as the gold standard in legal rankings.
Thank you to our clients, colleagues, and community partners for your continued trust. This recognition reflects our ongoing commitment to providing best-in-class counsel and supporting smart, sustainable growth across Arizona.
A SUPER-sized CONGRATULATIONS to our own Alex Baker, Dave Baker, Jason Morris, Ben Tate and Mike Withey for their 2024 Southwest Super Lawyers recognition! This distinct honor is conferred upon fewer than 5 percent of lawyers in Arizona (2.5 percent for Rising Stars)!
This article originally appeared in the Phoenix Business Journal.
Withey Morris PLC, one of Arizona’s leading land use and real estate law firms, has added the name of partner Adam Baugh to its masthead.
The firm is now known as Withey Morris Baugh PLC.
This article originally appeared in the Phoenix Business Journal.
Walton Global is looking to bring a living room feel to guests and surrounding residents at a reimagined Paradise Valley hotel.
Nine months after acquiring the Smoke Tree Resort, the Scottsdale-based real estate investment company is ready to move forward on plans for redeveloping the property. Built in 1954, the shuttered hotel at 7101 E. Lincoln Drive will be demolished to make way for a new 82-room boutique hotel, which will feature a bistro that will be open all day and a dinner-only, fine-dining restaurant. The eating establishments will be brought by Matt Carter,the restaurateur and partner of The Mission, Zinc Bistro and Fat Ox.
Southwest Super Lawyers® 2022 once again recognized land use and zoning attorneys from Withey Morris PLC, a prominent Arizona land use and real estate law firm for more than 20 years.
Super Lawyers is a Thomson Reuters rating service of outstanding lawyers from more than 70 practice areas who have distinguished themselves in their legal practice, attaining a high degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations and peer evaluations.
This article originally appeared in BEX.
After the extensively drawn-out approval for Greenbelt 88 was finally secured (AZBEX; Feb. 11) and two Arizona Legislators made major waves across the state’s local zoning authorities and development communities with the introduction of HB 2674, a bill that would have stripped municipalities of much of their power in determining project approvals (AZBEX, Feb. 8), I had the opportunity to talk with Jason Morris, partner at land use law firm Withey Morris, PLC and one of Arizona’s most sought-after experts in terms of zoning, land use and entitlements.
HB 2674 caused massive waves in municipal halls of power and in the development community, as it would have set rigid timelines for approvals, assigned building height and density requirements for projects without any local ability to deny, and implement “zoning by right,” creating automatic approvals for developments meeting the law’s generous criteria.
For those readers who don’t follow the approval side of the project development process, Morris is one of the developer representatives whose name pops up most frequently in zoning and approval cases for complicated proposals, large-scale developments and projects – like Greenbelt 88 – that need an expert pilot to help navigate them from proposal to permits.
U.S. News & World Report and Best Lawyers recognized Withey Morris PLC, a prominent Arizona land use and real estate law firm, in its 2022 edition of Best Law Firms. Firms receive recognition for “professional excellence with consistently impressive ratings from clients and peers,” according to U.S. News-Best Lawyers.
“This high caliber of recognition is significant to our firm,” said Jason Morris, partner. “A key differentiator for us is our deeply-rooted relationships – those we have with our clients – and the political and business communities throughout Arizona. We also have a tremendously talented team and the great work they do plays a significant role in this distinguished honor.”
For 11 years, Withey Morris has earned top tier recognition in the following practice areas:
This originally appeared in Attorney at Law.
Best Lawyers in America 2022 once again recognized every land use and zoning attorney from Withey Morris PLC, a prominent Arizona land use and real estate law firm for more than 20 years.
The 2022 edition of Best Lawyers in America includes the following Withey Morris attorneys and practices:
William Allison – Government Relations Practice and Land Use and Zoning Law
Adam Baugh – Land Use and Zoning Law
Jason Morris – Land Use and Zoning Law
Benjamin Tate – Land Use and Zoning Law – “Ones To Watch” award
Michael Withey – Land Use and Zoning Law and Real Estate Law
This article originally appeared in Commercial Executive Magazine.
Chambers USA: America’s Leading Lawyers for Business once again recognized prominent Arizona land use and real estate law firm Withey Morris PLC, among the best firms in Arizona, earning the highest ranking – Band 1 – in Real Estate: Zoning/Land Use practices. William F. Allison, Jason Morris and Michael B. Withey were also among the top lawyers in Real Estate: Zoning/Land Use practices.
Chambers USA, considered the most trusted worldwide law resource guide, ranks the top lawyers and law firms across all the United States of America. Rankings are the result of thousands of in-depth interviews by the largest research team of its kind that is trusted across the globe to objectively rank the world’s best lawyers and law firms.
“We are very proud to continue to earn this elite recognition,” said Jason Morris, Withey Morris founding partner and owner. “These results exemplify our team’s steadfast commitment to serving as the best-in-class counsel to our clients, our strong municipal relationships and our devotion to economic development across Arizona.”
This article originally appeared in Attorney at Law.
PHOENIX, AZ—Chambers USA: America’s Leading Lawyers for Business once again recognized prominent Arizona land use and real estate law firm Withey Morris PLC, among the best firms in Arizona, earning the highest ranking – Band 1 – in Real Estate: Zoning/Land Use practices. William F. Allison, Jason Morris and Michael B. Withey were also among the top lawyers in Real Estate: Zoning/Land Use practices.
Chambers USA, considered the most trusted worldwide law resource guide, ranks the top lawyers and law firms across all the United States of America. Rankings are the result of thousands of in-depth interviews by the largest research team of its kind that is trusted across the globe to objectively rank the world’s best lawyers and law firms.
PHOENIX, AZ—U.S. News & World Report and Best Lawyers recognized Withey Morris PLC, a prominent Arizona land use and real estate law firm, in its 2021 edition of Best Law Firms. Firms receive recognition for “professional excellence with consistently impressive ratings from clients and peers,” according to U.S. News-Best Lawyers.
For the past decade, Withey Morris earned top tier recognition in the following practice areas:
● National – Land Use & Zoning Law
● Metropolitan Phoenix – Land Use & Zoning Law, Government Relations Practice, Real Estate Law
By Adam Baugh
At the beginning of COVID, when the world suddenly halted in March, my children and I decided to build a bike shed.
It was a great time bonding with my daughters, but the end product looked nothing like the fancy shed we intended. Corners weren’t square, hinges didn’t close evenly, and several wood boards were warped. I enjoyed the family time, but at the end of the day, I really wished I had hired a professional to construct it, or at least help us build it with quality plans.
This experience reminds me of the many times I’ve been asked to rescue a zoning case from a frustrated owner/developer after they’ve tried using a “rent-a-planner” to do the work and quality of a seasoned land use attorney. While I certainly understand budget and cost efficiencies when entitling a project, like my shed experience, in most cases the client will end up spending more on the task and often obtaining inferior results. Read more...
From “Ones To Watch” to “Lawyer of The Year,” Arizona’s Top Land Use Law and Real Estate Law Firm Bestowed With Top Honors
PHOENIX, AZ – Best Lawyers in America® 2021 recognized every land use and zoning attorney from Withey Morris PLC, a prominent Arizona land use and real estate law firm for more than 20 years. Best Lawyers is the oldest and most respected lawyer ranking service in the world. William Allison, Adam Baugh, Jason Morris, Benjamin Tate and Michael Withey were among the best lawyers in land use and zoning, with Michael Withey receiving the honorable “Lawyer of the Year” recognition for this practice.
The awards recognize attorneys with the highest level of confidential peer feedback in specific practice areas and geographic region. Read more…
Best Lawyers in America® 2020 recognized four attorneys from Withey Morris PLC , a prominent Arizona land use law firm for more than 20 years. Best Lawyers is the oldest and most respected lawyer ranking service in the world. The awards recognize attorneys with the highest level of confidential peer feedback in specific practice areas and geographic region. Read more…
Best Lawyers in America® 2020 recognized four attorneys from Withey Morris PLC , a prominent Arizona land use law firm for more than 20 years. Best Lawyers is the oldest and most respected lawyer ranking service in the world. The awards recognize attorneys with the highest level of confidential peer feedback in specific practice areas and geographic region. Read more…
Best Lawyers in America 2020 recognized four attorneys from Withey Morris PLC, a prominent Arizona land use law firm for more than 20 years. Read more…
Best Lawyers in America® 2019 recognized four attorneys from Withey Morris PLC, a prominent Arizona land use law firm for more than 20 years. Best Lawyers is the oldest and most respected lawyer ranking service in the world. The awards recognize attorneys with the highest level of confidential peer feedback in specific practice areas and geographic region.
The 2019 edition of Best Lawyers in America includes the following Withey Morris attorneys and practices:
Although father-and-son team Dave and Alex Baker recently moved into our offices, our relationship with the duo goes back several years.
When Withey Morris founding partner Jason Morris first finished law school, Dave and Jason worked together at a law firm. Jason specialized in land-use issues and Dave became a real estate specialist certified by the State Bar of Arizona in 1992 to do transactional real estate litigation. After Jason co-founded Withey Morris in 1996, the two kept in touch. Jason sent cases to Dave for transactional issues. Dave sent cases with land issues to Jason. Over the years, they discussed having a more formal relationship so they could both better serve clients. Read more…
Stay informed and up-to-date on the latest developments in land use and zoning law with insights and analysis from our experienced team of attorneys.
Read Our Blog