By Terrance Thornton | Independent Newsmedia
The city of Scottsdale has responded to a notice of claim alleging the municipality is subsidizing the private operator of McDowell Mountain Golf Club with taxpayer dollars.
The city’s position, as outlined in the July 8 submittal to the Maricopa County Superior Court: There’s no law that requires the city to recoup or make any money on its investment in a project that benefits the public.
The response, which was included in a motion-to-dismiss request, was penned by Scottsdale City Attorney Bruce Washburn and Assistant City Attorney William Hylen stating “there is no legal requirement that the city recover the cost of its investment from White Buffalo.”
The motion to consider asks Judge Sally Duncan to dismiss the case because the plaintiffs “would not be entitled to relief under any facts susceptible of proof in the statement of the claim.”
Furthermore, the motion claims the plaintiffs misinterpret the state’s gift clause and wrongfully asserts the city has to receive a return on investment when taxpayer dollars go toward a public purpose.
