Wednesday, March 1, 2023

UPDATE: AZ Supreme Court Will Decide Whether Referendum On A $1.8B Tempe Town Lake Development Will Be On Ballot (READ Decision)

The Arizona Supreme Court will hear Tempe's appeal to keep a referendum on the proposed $1.8 billion South Pier project from going to a future ballot. The decision (below) was made public last night.

Both Tempe and the group which collected the petition signatures, "Workers for Responsible Development", had asked the Supreme Court to reconsider different aspects of last month's Court of Appeals decision. The intermediate court had decided it should go to the ballot.

The Justices are treating this as an expedited elections case, and all briefing will be completed before April 3. The case will then be set for oral argument.

Tempe claims that the referendum petitions should not be accepted because the form reversed the order of the small print above the signatures, and because the city's decision to move the deal forward was "administrative" and not subject to referendum rules

The Justices indicated that they will consider both issues, plus whether the referendum statute's requiring them to use strict scrutiny in these cases is constitutional.

"AZ Law" includes articles, commentaries and updates about opinions from the Arizona Supreme Court, U.S. Supreme Court, as well as trial and appellate courts, etc. AZ Law is founded by Phoenix attorney Paul Weich, and joins Arizona's Politics on the internet. 

AZ Law airs on non-profit Sun Sounds of Arizona, a statewide reading service that provides audio access to printed material for people who cannot hold or read print material due to a disability. If you know someone who could benefit from this 24/7 service, please let them know about member-supported Sun Sounds. And, YOU can donate or listen here. 

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