Cochise supervisors direct county attorney to seek Arizona Supreme Court review in A and P Ranch case

The Cochise County Board of Supervisors on Aug. 5 voted to direct the Cochise County Attorney’s Office to file a petition for review with the Arizona Supreme Court of the Court of Appeals decision in A and P Ranch Limited v. Cochise County.

The action came during a special board meeting and following an executive session called under Arizona law for legal advice on pending litigation. Supervisor Gomez moved to direct the county attorney to file the petition; the motion was adopted by voice vote.

The board opened the meeting at 9 a.m. in the Board of Supervisors Executive Conference Room in Bisbee and noted that some members and members of the public were participating remotely. The agenda said the item would include counsel consultation about the Court of Appeals decision in A and P Ranch Limited v. Cochise County and planning related to that decision. The board cited Arizona Revised Statutes §38-431.03(A)(3) and (4) as authority to meet in executive session to receive legal advice and to consider the public body's position and instruct its attorneys on pending litigation.

After reconvening in open session, Supervisor Gomez moved to “direct Cochise County Attorney's Office to file a petition to review to the Arizona Supreme Court in the Court of Appeals decision in A and P Ranch Limited versus Cochise County.” The motion was seconded and approved by voice vote; no member raised an objection on the record. The board did not record a roll-call tally in the public transcript for the petition motion.

Board members said they would follow up on next steps, including discussing potential co-counsel and coordinating with county staff for legislative or planning actions tied to the litigation. The board identified a list of attendees who had been present in the executive session: Tom Crosby (Supervisor, District 1); Supervisor Antonori (District 3); Supervisor Gomez (District 2); Laura Lowenheim (Clerk of the Board); Laurie Zuko (County Attorney); Sharon Gillman; Joe Casey (deputy); Paul Correa (deputy county civil attorney); Phil Leinecker (Assessor); Felix Dagnino (Deputy Assessor); and Stacy Penhouse (Budget Manager). The board also discussed connecting the assessor with stakeholders and pursuing draft legislation related to the issue raised in the litigation.

Under Arizona law, minutes and discussion in executive session are confidential; the public record reflects the board addressed the litigation in executive session and then returned to open session to take the direction to file a petition for review. The board adjourned and noted its next regularly scheduled meeting would begin at 10:00 a.m.