What is the procedure for appealing a denial of a permit or license by a municipality?
When a permit or license is denied by a municipality (such as a city or town) in Arizona, the person affected may have the right to an administrative appeal. Depending on the type of permit or license, this right may be established by law or may be established by the municipality’s governing ordinance or rule. In order to appeal, the affected person must first submit a written request for an administrative appeal to the municipality. This request must include a description of the permit or license sought, the basis for the denial, and the facts supporting the appeal. The municipality must then respond to the request within 10 days by setting a date for the hearing and notifying the affected person. At the hearing, the person must explain why the municipality’s decision to deny the permit or license should be reversed. The municipality may then provide an explanation for its decision. The affected person is then given the opportunity to present their argument once more. After the hearing, the municipality must make a decision and notify the affected person in writing. If the affected person disagrees with the municipality’s decision, they may have the right to appeal to a court. Depending on the situation, the appeal may be made to either the Superior Court or the Court of Appeals. The affected person must follow the instructions for filing a court appeal as set forth in the Arizona Rules of Civil Procedure.
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