Sierra Vista Residents Will Continue to Fight for their Homes After Superior Court Upholds Senseless Zoning Rule

SIERRA VISTA, Ariz.—Amanda Root and Georgia and Grandy Montgomery have been fighting the city of Sierra Vista’s attempt to make them homeless for over five years. Their legal battle will continue after the Superior Court in Cochise County ruled that the city’s zoning code does not violate their rights under the Arizona Constitution. Amanda and the Montgomerys are represented by the Institute for Justice (IJ), a nonprofit public interest law firm that defends property rights nationwide.

“Zoning allows government to dictate where and how we live by foisting arbitrary lines on a map,” said Paul Avelar, managing attorney of IJ’s Arizona office. “Zoning drives up the cost of housing, which has caused our housing crisis. In fact, Sierra Vista claims it can use zoning to make safe affordable housing illegal, so that housing is more expensive, so that it can get more taxes. The answer to the housing crisis is not more government, it is more property rights.”

For years, Amanda and the Montgomerys have lived in homes on property that they respectively own and rent in the Cloud 9 neighborhood. The city classified these homes as RVs. And while the neighborhood is dotted with derelict mobile homes, the city is seeking to evict their safe and well-maintained RV homes. Living in RVs is legal in the Cloud 9 neighborhood. Indeed, it is legal on the same block that Amanda and the Montgomerys live on. But their properties are zoned slightly differently, so their homes are illegal.

The same Superior Court granted the city’s motion to dismiss the case in 2021. After two successful appeals to the Arizona Supreme Court in 2023, the Superior Court was forced to give full consideration to the lawsuit.

“It doesn’t matter if you live in a castle or an RV,” said Amanda. “We are going to keep fighting for our homes. When we win, it will be meaningful not just for us, but for many Arizonans in need of affordable housing.”