Trust v. County of Yuma

69 P.3d 510, 205 Ariz. 272, 401 Ariz. Adv. Rep. 5, 2003 Ariz. App. LEXIS 82
CourtCourt of Appeals of Arizona
DecidedJune 3, 2003
Docket1 CA-CV 01-0415
StatusPublished
Cited by13 cases

This text of 69 P.3d 510 (Trust v. County of Yuma) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Trust v. County of Yuma, 69 P.3d 510, 205 Ariz. 272, 401 Ariz. Adv. Rep. 5, 2003 Ariz. App. LEXIS 82 (Ark. Ct. App. 2003).

Opinion

OPINION

HALL, Judge.

¶ 1 Braden Trust planned to construct farm-worker housing on its farm and believed that under state law it was not required to obtain building permits from Yuma County for the construction. The County disagreed. The trial court ruled that Braden Trust is exempt from the permit requirements because the farm-worker housing is incidental to farming and agriculture. For the reasons discussed below, we affirm the judgment.

BACKGROUND

¶ 2 Braden Trust owns farm property in Yuma County known as Texas Hill Farms. Braden Trust approached the Yuma County Department of Development Services about renovating farm dwellings and constructing structures for farm-worker housing at Texas Hill Farms. Officials of the department informed Braden Trust that any building of and/or renovations to residential structures were subject to the building permit process and to the requirements of the Yuma County Building Code.

¶ 3 Braden Trust believes that under Arizona Revised Statutes (“A.R.S.”) sections 11-830(A)(2) and 11-865 (2001), the County building code does not apply to the construction and renovation of residential quarters at its farm because farm-worker housing is incidental to farming and agriculture. Braden Trust filed a complaint for special action, mandamus and declaratory judgment, and sought an order directing the County to exempt Braden Trust from complying with the building permit process and building code with regal’d to existing and planned residential buildings.

¶4 The parties stipulated that (1) Texas Hill Farms consists of approximately 7,500 acres of farm land and is substantially engaged in the business of agriculture with its land dedicated wholly to farm use; (2) the proposed farm-worker housing is approximately 60 miles east of Yuma and 30 miles from the nearest available housing; and (3) the tenants of the farm-worker housing would be significantly involved in farm operations at Texas Hill Farms and would be compensated for farm labor. At the hearing on the complaint, the new facilities to house farm workers at Texas Hill Farms were described as two steel structures containing studio apartments. Each apartment would have two beds, a bath, and a kitchenette. According to the general manager of the farm, the purpose of the apartments would be to house tractor drivers and irrigation employees at no charge to them; the apartments would not be rented out and would be vacant during the off-season. He testified that family members of the farm workers would be allowed to live on the property with the worker even if the family members were employed elsewhere.

¶ 5 Curtis Cansler, chief building official for the County, testified that in the Uniform Building Code, which the County had adopted, agricultural buildings are defined as structures for such uses as farm implements and grain storage, not for human occupancy. He believed that for purposes of §§ 11-830 and 11-865, the proposed apartment buildings are residential rather than agricultural.

¶ 6 The court ruled that the project to build farm-worker housing at Texas Hill Farms constituted construction incidental to farming and agriculture and thus was not subject to the County building and zoning codes. It entered a declaratory judgment ordering the County to allow Braden Trust to construct farm-worker housing free from interference and from any requirements to comply with the County building or zoning codes. The County timely appealed from the judgment. We have jurisdiction under A.R.S. § 12-210KB) (1994).

ANALYSIS

A. Standard of Review

¶ 7 The issue in this appeal is whether the trial court correctly interpreted *274 §§ 11-830 and 11-865 to mean that residential structures built on a farm to house farm workers are exempt from county zoning and building codes. The primary inquiry is whether these statutes are intended to exempt such structures. The basic facts relevant to the application of the statutes, %e., that Texas Hill Farms is a farm of more than five acres and that the proposed housing is furnished rent-free for workers on the farm, are not disputed. We review de novo whether the trial court correctly applied the substantive law to the facts. Hobson v. Midr-Century Ins. Co., 199 Ariz. 525, 528, ¶ 6, 19 P.3d 1241, 1244 (App.2001).

B. Interpretation and Application of the Statutes

¶ 8 The two statutes at issue are found in Title 11, Chapter 6, which concerns county planning and zoning. Section 11-830(A)(2) provides:

A. Nothing contained in any ordinance authorized by this chapter shall:
2. Prevent, restrict or otherwise regulate the use or occupation of land or improvements for railroad, mining, metallurgical, grazing or general agricultural purposes, if the tract concerned is five or more contiguous commercial acres.

Section 11-865(A)(1), which deals specifically with building codes, provides:

A. The provisions of this article shall not be construed to apply to:
1. Construction or operation incidental to ... farming, dairying, agriculture, viti-culture, horticulture or stock or poultry raising—

¶ 9 The County argues that the commonsense meanings of the phrases “use or occupation of land or improvements for ... general agricultural purposes” and “[e]onstruction or operation incidental to ... agriculture” do not encompass multifamily residential dwellings. The County reads the relevant statutes as exempting only structures that house such things as agricultural products, farm implements, or tools — not people. In the County’s view, farm-worker housing has its own function independent of agricultural purposes and is not intended to serve agriculture purposes, as distinguished, for example, from a bam. Likewise, the County asserts, farm-worker housing is not incidental to agriculture because such housing is neither a by-product of nor causally related to agriculture.

¶ 10 Braden Trust argues in response that its farm-worker housing both serves “general agricultural purposes” and is “incidental to agriculture” because the occupants of the apartments will be employed full-time on the farm and because providing the full-time employees with on-site housing relieves them of the burden of driving long distances to and from work, which keeps them well-rested and able to work. Braden Trust notes that courts in other jurisdictions that have considered the application of similar statutes to farm-worker housing have all concluded that such dwellings are exempt from zoning and/or building codes.

¶ 11 The cardinal rule in statutory interpretation is to ascertain and give effect to the intent of the legislature. Abbott v. City of Tempe, 129 Ariz. 273, 275, 630 P.2d 569, 571 (App.1981). A statute’s'language is “the best and most reliable index” of its meaning. Janson v. Christensen, 167 Ariz. 470, 471, 808 P.2d 1222

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Bluebook (online)
69 P.3d 510, 205 Ariz. 272, 401 Ariz. Adv. Rep. 5, 2003 Ariz. App. LEXIS 82, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trust-v-county-of-yuma-arizctapp-2003.