City creating contingency ballot if Apex case is lost

Aug 8, 2017

plotke wMap — The City of Maricopa and Apex President Jason Plotke are in a court battle with a political action committee over the proposed motorsports facility's zoning.

Arguments for or against a private motor facility in Maricopa are due by 5 p.m. tomorrow, pending a judge’s ruling.

In a statement Tuesday, the city said it will refer the Maricopa City Council’s approval of a conditional use permit (CUP 17-01) for Apex Motor Club to the November election. City Clerk Vanessa Bueras said it is only a contingency, and Superior Court Presiding Judge Stephen F. McCarville has not yet ruled. His decision is expected shortly.

However, arguments on the potential ballot issue must be submitted 90 days before the election. That puts the deadline at 5 p.m. Aug. 9.

Bueras said the City opted to post the call today, “so folks have at least 24 hours” to submit for and against arguments if it does go to a special election.

The CUP granted to Private Motorsports Group for the construction of a private motorsports facility called Apex, was challenged in June by an organization called Maricopa Citizens Protecting Taxpayers, which filed a lawsuit against the city.

The organization’s stated goal is to force the CUP decision to a public vote.

“Referendum 17-01 seeks to refer Maricopa City Council’s approval of Conditional Use Permit case number CUP 17-01, approving a motorsports facility at a 280-acre site at the northwest corner of Ralston Road and State Route 238,” the city’s statement says.

The city is awaiting the judge’s decision after a Pinal County Superior Court hearing Friday, during which MCPT presented arguments against the city’s decision to deny their petition for referendum.

Unhappy with the city’s decision to grant the permit, MCPT petitioned the city for a referendum and was denied on the basis that the decision was an “administrative and not legislative” act.

“Any arguments related to this item will be included inside an informational pamphlet, which will be mailed to each household containing a registered voter,” the statement says.

The arguments must be submitted to the Maricopa City Clerk’s Office at City Hall, 39700 W. Civic Center Plaza.