From the July 16, 2001 edition of the AJ News http://www.ajnews.com/

Developer Challenges Referendum

By Lanie Bethka

The News

Deputy County Attorney William McLean says the petitions meet the statutory requirements.

FLORENCE- A move to force a county-wide referendum election over a May 16 rezoning decision on a parcel of land near Oracle Junction has met with opposition from the developer who originally requested the rezoning.

On July 2, 2001, a group calling themselves Pinal Citizens for Sustainable Communities filed 5900 petition signatures intended to force a county-wide vote on a decision by the Pinal County Board of Supervisors that rezoned an area 12 miles northwest of Oracle Junction to allow a 4,600-acre development.

Pinal County Deputy County Attorney Bill McLean says the county attorney’s office sent a letter to County Elections Director Gilbert Hoyos on Thursday, July 12, informing him that the petitions met the statutory requirements and could be forwarded to the Pinal County Recorder’s Office for the next step in the referendum process. But the developer, Anam, Inc., took a preemptive step last week to stop the referendum process by filing a formal claim against Pinal County.

In a July 5, 2001, letter to Hoyos from Snell and Wilmer, the legal representatives for Anam, Inc., the developer contends that the due date for filing referendum petitions should have been June 15, not July 2, 2001. They further contend that the materials attached to the petitions during circulation and at filing were incomplete because the Planned Area Development (PAD) document was not attached to each petition sheet.

Anam, Inc., is a Canadian-based developer with offices in Tucson. The Board of Supervisors' approval of the zoning change would allow construction of 8,516 homes in the development. Without the zoning change, the developer would be restricted to lot sizes no smaller than 1.25 acres, which would accommodate only 3,680 homes.

Anne Graham-Bergin, an attorney representing the Pinal Citizens for Sustainable Communities, replied in a letter dated July 12, disputing Anam's claims and telling McLean that if Hoyos chooses to reject the petitions, her client will institute court action to force Hoyos to "perform his statutory duty."

Pinal County Manager Dr. Stanley Griffis said, "Both the developer and the petitioners are exercising their rights under state statutes to challenge county decisions. We will let the process take its course and see what transpires."

Pinal County District 2 Supervisor Sandie Smith said, "The developer has a right to challenge county decisions, just as the petitioners do. But, I believe the petitions are good."

According to county officials, if Anam, Inc., disagrees with the county attorney’s decision to accept the petitions, they may choose to file suit against the county.