Government Law

A. General.

Faith, Ledyard, Nickel and Shelsky, PLC has extensive experience in governmental law representing private clients before governmental entities, and representing governmental entities. Our firm is currently general counsel for the Town of Guadalupe and has previously represented the cities of Avondale, Buckeye, Goodyear, Surprise, Tolleson, Cave Creek, and Youngtown on general and special matters.

The firm is experienced in all phases of governmental legal services including property acquisition by purchase and condemnation, contracts and contract negotiations, and employee wrongful discharge cases.

The firm's experience includes defense of governmental entities from various tort claims, including wrongful discharge, inverse condemnation, slip and fall, breach of contract and construction contracts.

Members of the firm are available on short notice to respond to requests for advice and attend meetings anywhere in the United States.

 

B. Areas of Experience.

Although not exhaustive, the following lists some areas of experience of Faith, Ledyard & Nickel, PLC:

• Land Acquisition & Disposal - acquisition of land under threats of condemnation and by condemnation for public purposes (including governmental buildings, airport extensions, rights-of-way, utility plants and utility lines), lease of governmental facilities, Intergovernmental Agreement for creation of city/county joint use governmental facility.
  
   
• Airport - master leases, subleases, land acquisition, grants, construction contracts, consultant contracts.
  
   
• Prosecution - currently prosecuting in four magistrate courts.
  
   
• Landfills - regulation, closing, inverse condemnation defense, negotiations and contracts for public/private ownership and operation.
  
   
• Personnel - discipline and dismissal of vested and at-will employees, personnel hearings, defense of wrongful termination litigation, drafting of completely revised personnel manual, drafting of employment contracts, discrimination complaints.
  
   
• Intergovernmental Agreements - negotiation and drafting of intergovernmental agreements between state, county and municipal entities on variety of subjects.
  
   
• Open Meeting Law & Executive Sessions - extensive knowledge of statutory requirements for public meetings compliance.
  
   
• Subdivisions - review and advise municipalities on all issues, including amendments, stipulations, preliminary and final plat approval.
  
   
• Insurance - review requests for proposals and responses, submit claims, negotiate coverage issues.
  
   
• Slum Clearance & Redevelopment - pursuant to A.R.S. § 36-1471, et. seq., including land acquisition and negotiations of redevelopment projects.
  
   
• Water Companies - acquisition by purchase financed by Special Improvement Districts and by donations of private water companies.
  
   
• Contracts - negotiate and draft hundreds of contracts between governmental entities and the private sector for numerous activities including purchasing of land, goods and services.
  
   
• Zoning - drafting and review of zoning code amendments and complete revisions to zoning codes. Currently represent three Planning and Zoning Commissions and Boards of Adjustment providing legal services on issues before them, including zoning, special use permits, non-conforming uses, variances, overlay zoning districts, planned area developments and specific plan developments.
  
   
• Utilities - negotiations and contract drafting and review with gas, water, electric, garbage, phone and cable companies.
  
   
• Grants - review and approval of various federal, state and county grants for public works projects.
  
   
• Mutual Aid Agreements - for fire and police protection.
  
   
• Annexations - including the largest annexation in the State of Arizona (83.5 square miles) known as Sun Valley. Negotiations and drafting of annexation and development agreements, state and federal submittals regarding annexations, including under the federal Voting Rights Act.
  
   
• Laws - drafting of ordinances and resolutions for adoption, attorney opinions on interpretation and constitutionality, and effect of Arizona laws and case law.
  
   
• Waste - landfills (siting closing, zoning and regulation) of waste disposal industries.
  
   
• Financing - bonds and special improvement districts - general counsel for governmental entities retaining and reviewing services provided by outside bonding attorneys.
  
   
• Forfeitures - forfeiture of property through Superior Court litigation of assets seized in drug arrests.
  
   
• Golf Course - feasibility and site selection of public golf course.
  
   
• Industrial Development Authority - general counsel to Industrial Development Authorities.
  
   
• Wastewater Plants - land acquisition for sewer plant sites and sewer lines for construction of wastewater treatment facilities and sewer lines, bid protests, EPA violations, drafting of sewer use ordinances, private operator contracts, acquisition of private sewer plants.
  
   
• Water Issues - establishment of water service areas, lease of water rights, acquisition of private water companies, water quality problems, Dept. of Water Resources complaints regarding exceeding maximum per capita per day water usage, annexation and development contracts regarding construction of public water systems by private developers, intergovernmental agreement for service of water, advance-in-aid of construction contracts.
  
   
• Roadways - acquisition by condemnation and purchase, acceptance of donations and abandonment of unnecessary roads. Litigated constitutionality in Arizona Supreme Court of A.R.S. § 28-1861 which declares certain rights-of-way to be public roads. Paving, grading and maintenance contracts.
  
   
• Auditors - drafting of requests for proposals of independent auditors for yearly audits of governmental bookkeeping, review of proposals, drafting of contracts for services.
  
   
• Sales Tax - review and recommendation regarding Model City Sales Tax Code promulgated by the Arizona League of Cities and Towns, amendments to code, draft requests for proposals for sales tax auditor and resultant contracts, draft and record sales tax liens.
  
   
• Councils and Boards - Our firm currently acts as general counsel to three city councils, their planning and zoning commissions, and three boards of adjustment and numerous other boards and commissions established by governmental entities, including contract negotiations and drafting, drafting of zoning laws, legal advice, written legal opinions and advice and services regarding pending and contemplated litigation and other matters. Directly responsible for advising city and town managers on legal issues.
  
   
• Litigation - IDA bond default, wrongful terminations, condemnation, inverse condemnation, constitutionality of state laws, bankruptcy, foreclosures, contract disputes, defective construction, real property title defects, collection of accounts, forcible detainers, adverse possession, and repossessions.