By Dianna M. Náñez | The Arizona Republic
Tempe will not have to cough up $40,163 in attorney fees tied to a 2009 case filed by the Goldwater Institute that challenged a city tax incentive for a mall aquarium developer, the Arizona Court of Appeals has ruled.
The ruling reversed a Maricopa County Superior Court judge’s order that Tempe pay the conservative Arizona non-profit group’s attorney’s fees.
In its May 30 ruling, the Appeals Court agreed with Tempe that the lower court “erred in concluding” that Goldwater’s lawsuit “compelled Tempe to amend a development agreement to comply with the Arizona Constitution’s Gift Clause.”
City Manager Andrew Ching said the city was pleased with the decision, stating, “We felt all along that you would only award attorney’s fees if a party prevails in whatever their legal claims was and we never felt the parties prevailed.”
