Photo via Town of Marana
By Chamber Business News
The Arizona Court of Appeals Division Two has upheld a lower court ruling in favor of the Town of Marana in a referendum dispute tied to a planned hotel development.
In a memorandum decision filed June 23, the Court of Appeals affirmed the Pima County Superior Court’s ruling denying requests from Arizonans for Responsible Development to force Marana to process referendum petitions challenging a town development agreement.
The case centered on a Marana resolution approving a development agreement for approximately 19 acres of town-owned property near Marana Main Street and Civic Center Drive. The agreement is tied to the Rancho Marana West Town Center Specific Plan, which was adopted in 2008 and contemplated a mixed-use town center with commercial, retail, office, institutional, entertainment and residential uses.
Arizonans for Responsible Development submitted referendum petitions seeking to refer the resolution to voters. Marana rejected the petitions, arguing the resolution implemented previously adopted policy and was administrative rather than legislative. Under Arizona law, legislative acts may be subject to referendum, while administrative acts generally are not.
The superior court sided with Marana earlier this year, finding the resolution was administrative and not subject to referendum. The Court of Appeals agreed.
The Arizona Chamber of Commerce & Industry participated in the case as amicus curiae through the Arizona Chamber Legal Center.
