A subsidiary of Beale Infrastructure – the company developing two data centers in Pima County – is suing the Town of Marana for not allowing petitioners to withdraw their requests to put a data center on the ballot.
On Monday, attorneys representing the Town of Marana responded to separate complaints from Fremont Peak Properties and Marana residents, requesting relief from the Pima County Superior Court.
Both complaints have been consolidated and oral arguments are set for April 27.
The two petitions in question were submitted on February 4 by Arizonans for Responsible Development, a group sponsored by the advocacy group Worker Power.
On February 17, a representative from Arizonans for Responsible Development had submitted a written request asking for the petitions to be withdrawn.
Barton Mendez Soto PLLC – an employment and election law firm – filed that request on behalf of the group, stating that it no longer supported the petitions nor placing the measures on the ballot.
Marana officials have said that the town does not have statutory authority to withdraw referendum petitions that have been filed and is legally obligated to complete the administrative review process.
On February 18, the Town of Marana announced its decision to reject the two data center referendum petitions stating that the documents did not include the proper/correct legal description of the involved properties.
In a complaint filed by Snell & Wilmer attorneys representing Fremont Peak Properties, LLC – the subsidiary of Beale Infrastructure – the party alleges that the Town of Marana is now “mired in weeks of unnecessary litigation over the merits of the petitions.”
The court document also says that litigation could potentially lead to a decision that the petitions did in fact include a sufficient legal description.
In response, Marana residents established a coalition called Marana Citizens for Ethical and Transparent Government and filed a lawsuit against the town on February 23, arguing that the Town Clerk failed to provide the legal descriptions.
The Town of Marana said in a statement to AZPM that “the Town of Marana is aware of the lawsuit filed by Fremont Peak Properties and the lawsuit filed by Marana Citizens for Ethical and Transparent Government. We want our residents to know that we take this very seriously and are dedicated to transparency and respect for the legal process.”
In a statement to AZPM, Beale Infrastructure said:
We share in the Town of Marana’s goal of moving the Luckett Road Data Center project forward and delivering meaningful benefits to the community. However, we respectfully call into question the Town’s decision to not accept the referendum organizers’ request to withdraw their referendums. We are filing suit to compel the decision for a formal removal.
Beale Infrastructure has been and will remain a long-term partner to the Town of Marana. We are hopeful we will reach a quick resolution on this matter so we can continue our work in bringing this project and its benefits to the community.
Correction, AZPM previously stated that the Marana Citizens for Ethical and Transparent Government was a political action committee. The organization is just a coalition.
