Quote:
Originally Posted by RonnieFoos
So, what's the gist with Derby then? They applied for and was granted a GPLET last summer. As far as the Barry Goldwater lawsuit, I believe that is against the City of Phoenix and not directly against the Derby developers, so why has Derby stalled?
|
That's a good question and I'm glad you asked, hopefully I can help clear things up.. Think of the Goldwater Institute/Angels Trumpet lawsuit as two distinct parts (which is not correct, but it's the easiest way to explain):
1) Filed a lawsuit against the City of Phoenix. Alleging the GPLET program itself is 'unconstitutional' as it gives advantages to certain developments. City of Phoenix in turn reformed the GPLET program (House Bill 2213)... I guess hoping this GPLET fiasco will just go away?
- Again, the GPLET program is still around (thank goodness), just not as great or advantageous as it was prior to Jan 1.
2) Filed an injunction directly against the City of Phoenix pertaining to the Derby specifically. Disputing The Derby's specific GPLET.
Literally alleging the City of Phoenix broke a number of laws with the Derby's GPLET and are therefore demanding the Arizona Superior Court end the Derby GPLET.
So where are we at with the Derby? (keep in mind HB2213 was passed and signed by the Governor on 3/30. HB2213 makes no mention of the Derby since it's a Bill, and not a court ruling. These are separate items).
1) The formal case against the Derby was filed by the Goldwater Institute on
March 1st to the Arizona Supreme Court
2) The City of Phoenix responded with a big "Up Yours" and denied it has broken any laws.
3) Phoenix is in the process of assembling and producing documents to prove their case.
MY PERSONAL OPINION
Worst Case Scenario: Derby only gets the Post-Jan1 GPLET. They make a couple adjustments to the ground floor design (more artist space, etc) and shove the development down Matt Englehorn's throat.
Best Case Scenario: Arizona Supreme Court rules in favor of the City of Phoenix and the Derby get's built as-is - also shoving it down Matt Englehorn's throat.
We'll have to wait to see. My 100% guess is we'll have a formal ruling middle of next month??... Really hope this goes the Derby's way - number of projects are waiting to see what happens here.