Wednesday, September 20, 2023

UPDATE: Judge Holds Phoenix Responsible For $220,000 In Attorneys' Fees In Homeless "Zone" Lawsuit (READ Order)

11/20, 1pm: Judge Scott Blaney today ordered Phoenix taxpayers to reimburse local businesses for the $220,000 in attorneys' fees and costs they incurred in forcing the City to clear out the homeless "Zone" in central Phoenix.

*****

Original article, 9/20: "BREAKING: Businesses in Phoenix's Homeless "Zone" Granted Permanent Injunction; Phoenix Has Until Nov. 4 To Remove Tents, Etc."

In a 27-page Order, Maricopa County Superior Judge Scott Blaney gave Phoenix until November 4 to clear out the homeless "Zone" in central Phoenix, granting local businesses the permanent injunction they sought to deal with the public nuisance.

Blaney had issued a temporary injunction iu March, and noted that the city has had "nearly two years" since the plaintiffs had first sought help from the City Council. The tents and makeshift structures must be gone and the city is to keep the public property free of "biohazardous materials including human feces and urine, drug paraphernalia and other trash".

Blaney notes that the City has begun moving forward on a "structured campground" separate from the Zone.

Beyond the public policy embodied in the statutes above, the public interest counsels that the City take immediate action to protect the homeless individuals residing in squalor in the Zone from the many risks and dangers identified throughout this Ruling. “Immediate action” means abating the public nuisance in which they reside and developing temporary shelter space for those that truly need it. It does not mean leaving the public nuisance in place and allowing it to fester while the City pursues development of long-term plans of permanent supportive housing.

The Court will conduct a follow-up hearing on November 30, but plans to award attorneys' fees and issue a judgment in October.

Phoenix's homeless Zone received local attention, and national attention from media such as the New York Times.

This article was reported by AZ Law founder Paul Weich. 

"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. 

Previous episodes of AZ Law can be streamed or downloaded here, or wherever you get your podcasts.

No comments:

Post a Comment

BREAKING: Judge Rules In Favor of Arizona's Early Voting Signature Verification Process and Drop Box Provisions

The Arizona Free Enterprise Club took their complaints about Arizona's processes for comparing early voting signatures and unstaffed dro...