FLORENCE - The Pinal County Board of Supervisors' approval of a zone change and planned area development overlay district for the Willow Springs-South Village master-planned community is being challenged on legal grounds.

The developer, Anam Inc., intends to build 8,516 dwelling units on a 4,600-acre parcel northwest of Oracle Junction. 

During the May 16 session, the supervisors gave the go-ahead to the development despite strenuous objections from an overflow crowd of area residents who were concerned over the impact such a large development would have on the area's aquifer and ecosystem. The supervisors are accustomed to hearing complaints from individuals and groups on how large developments will adversely affect the resources and lifestyles in rural areas, but they apparently were not prepared for the accusations leveled by Mary Ellen Kazda. 

Kazda, representing Pinal County for Sustainable Communities Inc., claimed that the applicant had not met many of the requirements established by state statutes and went so far as to say that the company was breaking the law. "If they are allowed to break the law," she said, "then it will set a precedent for all the other developers." 

At this point, Chairman Jimmie Kerr closed the hearing in order to go into executive session to discuss the board's legal options with Bill McLean, Pinal County's chief civil deputy attorney, and Stan Griffis, county manager. It is this maneuver and the county's lack of a comprehensive plan that is being challenged on legal grounds. 

On May 21, a letter was sent to McLean from Anne C. Graham-Bergin, an attorney with the law firm of Raven & Awerkamp in Tucson, in which she cited the state's Open Meeting Law. 

In the letter, Graham-Bergin accuses the supervisors of having conducted an illegal executive session. "Before the executive session may be called, the agenda for the public body must specifically state the purpose of the executive session as well as the statutory exception permitting its use." 

Graham-Bergin also cited court rulings on cases involving meeting law violations. "Once an allegation is made that a violation of the Open Meeting Law has occurred because of an illegal executive session, the burden shifts to the public body to prove that an affirmative defense or exemption permits the closed session. 

"As a result of the board's illegal executive session, the action to approve the Anam rezoning and PAD is null and void." 

McLean could not be reached for comment. 

In the same letter, Graham-Bergin cited state statutes regarding adoption of a comprehensive plan. "Each county in Arizona must adopt a comprehensive plan to provide policies for long-term development within the county. To date, Pinal County has failed to adopt a county comprehensive plan although it has adopted several area plans covering specifically defined geographic areas of the county. Significantly, however, no area plan covers the geographic area encompassed by the Anam rezoning and PAD. 

"Without a comprehensive or area plan in place, the board may not approve a rezoning for property located outside of such a plan. Conformance to the county's comprehensive plan is a prerequisite for approval of a rezoning. 

"Based upon the foregoing, we believe the actions of the board violate both the Open Meeting Law and the zoning authority granted to the county. We request that the board rescind immediately the rezoning and PAD approval for the Anam property." 

Due to the holiday weekend and vacation schedules, further action on this issue is not expected until early June.