Jordan Rose talks to Phoenix Business Journal about Toll Brothers Lawsuit against Scottsdale – floodplain issues cause City liability

By Kristena Hansen

Phoenix Business Journal

windgate-ranchToll Brothers Inc. is suing the city of Scottsdale for $46 million, claiming the city broke its contract with the builder by refusing to issue permits for homes in an ongoing development based on new floodplain designations.

The controversy stems from the home builder’s struggle to finish its Windgate Ranch subdivision after a Maricopa County floodplain map recently updated by the Federal Emergency Management Agency showed the community’s remaining 95 or so unfinished lots are in a hazardous flood zone.

Pennsylvania-based Toll Brothers filed the lawsuit in Maricopa County Superior Court last month, citing breach of contract and violation of Proposition 207, a private property rights law passed by Arizona voters in 2007, among other claims.

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