Appeals court sides with City, Apex

 

The Arizona Court of Appeals ruled in favor of the City of Maricopa and Private Motorsports Group after a lawsuit by a resident.

Bonita Burks filed suit last year alleging a permit granted to PMG by the City for a private sports car recreation facility called Apex would cause her personal harm. Burks’ home in Rancho El Dorado is 5.2 miles east of the proposed racetrack. The decision was filed Monday.

The three-judge panel agreed with Pinal County Superior Court Judge Robert Olson that Burks did not present any evidence that there would be particular injury to her and therefore had no standing to sue.

“They agreed with us,” Mayor Christian Price said. “How are you being harmed in the middle of Rancho El Dorado?”

The judges also declined to waive the “standing” requirement as requested by Burks’ attorney, Timothy La Sota, who wanted to put the zoning actions of the city council before the judiciary.

“We, too, recognize that zoning is an important issue with potentially widespread impact,” Judge Garye Vazquez wrote for the court. “However, this specific zoning issue is restricted to Maricopa and stems from the transition between Maricopa’s old zoning code and new zoning code.  We, therefore, disagree with Burks that this case presents an issue of statewide importance that is likely to recur.”

The court also ruled the City and PMG are entitled to costs.

Though Maricopa had recently adopted a new zoning code, it granted PMG a permit for Apex Motor Club under the old zoning.

Price said the council was within its legislative rights, which the court affirmed.

“It was new zoning. There has to be a phasing period,” Price said. “With a big project, you don’t add it like that.”

He said the City may make that more clear in the future.

La Sota could not immediately be reached for comment.