Goldwater Institute files appeal July 22 in Scottsdale preserve tax lawsuit
By Terrance Thornton | Digital Free Press
The Goldwater Institute has filed an appeal to the July 19 Maricopa County Superior Court ruling dismissing its lawsuit claiming the city of Scottsdale is using ‘objectively false or misleading information’ while using public resources to influence the outcome of the .15% sales tax question set to appear on the November 2024 general election ballot.
The appeal filed Monday, July 22 at the Arizona Court of Appeals by the Goldwater Institute comes on behalf of former Scottsdale Mayor Jim Lane and residents Susan Wood and Yvonne Cahill.
In little over a year, the sales tax in question — originally meant to fund land purchases and the creation of new trailheads within the McDowell Sonoran Preserve — will sunset within municipal bounds, but city leaders have come to terms on a November ballot question asking voters to replace the expiring sales tax with a .15% sales tax to be installed for the next 30 years.
In its original notice of claim, the Goldwater Institute alleges, the city of Scottsdale is:
- Communicating ‘objectively false or misleading information’ as the Goldwater Institute alleges the municipality cannot describe the new sales tax as a continuation of the an expiring tax meant for a different purpose set by voter approval; and
- The Goldwater Institute alleges the city of Scottsdale is seeking to influence the outcome of the November 2024 vote because certain published election FAQs ‘omit key information and use rhetorical strategy designed to influence the election outcome.’
The remedy? The Goldwater Institute is asking for the city of Scottsdale to remove the .15% sales tax ballot question from the slate of November election items for voters to decide at the upcoming general election.
Scottsdale Councilwoman Solange Whitehead says she is disappointed in the pursuit of a ‘small minority’ of residents out of touch with the reality of municipal needs.
“We have had three wildfires in the last two years of which the [McDowell Sonoran Preserve] was only saved due to favorable winds,” she said of vital, public safety needs at stake. “The city of Scottsdale is world-class city — we don’t rely on luck, we rely on careful planning and vision.”
City leaders estimate if voters approve the new sales tax measure city coffers could see an influx of $25 million on an annual basis for the next 30 years, which they say will go to pay for unfunded needs citywide meanwhile paying for WestWorld of Scottsdale infrastructure improvements.
Councilwoman Whitehead says the legal challenge is curious as the majority of what it seeks to stop is how the epicenter of Arizona tourism was built.
“This represents the same priorities that Scottsdale voters have supported for the past 50 years,” she said pointing out those priorities are preserving open space, investing in public safety and protecting the preserve.
“This small minority of people can never win at the ballot box, so they are trying to prevent every other Scottsdale voter to have a chance to vote to make this investment in our city.”
Scottsdale Councilman Barry Graham has a different perspective explaining he has been taken aback by political tactics deployed by certain elected colleagues.
“It concerns me that a councilmember attempted to politically pressure the plaintiffs,” he said. “Councilmembers should respect the legal process by not interfering with it while it’s in progress. It’s only appropriate for a councilmember to comment on a court case after a final legal ruling is made.”
In 1995 and in 2004, Scottsdale voters approved a 0.20% tax — the 0.20% preserve tax today in question — to fund land acquisition only and a 0.15% tax to fund land acquisition and improvements in the McDowell Sonoran Preserve. Revenues from the 0.20% preserve tax and the 0.15% land and improvement tax were used to acquire over 30,000 acres of land now knows as the McDowell Sonoran Preserve that entailed constructing 12 trailheads and 235 miles of trails in the preserve.
Today, the McDowell Sonoran Preserve is a beloved amenity known the world over as the single largest municipal land preserve in the United States, officials at City Hall say.
“This small minority of voters is so far-flung from the majority position,” she said. “This small minority is simply out of line with what the average resident wants.”
