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Arizona Supreme Court

Phase 1 of the Apex Motor Club project involves the part of the property south of the wash.

 

A lawsuit against the City of Maricopa and Private Motorsports Group is making its way to the Arizona Supreme Court.

Plaintiff Bonita Burks, represented by attorney Tim La Sota, filed a petition for review with the high court Aug. 14. Receipt was logged Aug. 21. The case status is still pending. It has not been assigned to the court schedule.

The case, Bonita Burks v. City of Maricopa, et al., alleges the city inappropriately granted a permit to Private Motorsports Group to build Apex Motor Club in an area that would cause her harm. Burks claimed in court filings the as-yet undeveloped Apex had potential noise and traffic issues not properly considered in city reports.

In July, the Court of Appeals in Tucson ruled Burks did not have standing because she could not prove her home in Rancho El Dorado would be especially impacted by the Apex development more than five miles away. The judges also declined to waive the standing requirement as La Sota requested.

The suit names the City of Maricopa, all councilmembers and the mayor individually, the city’s Planning and Zoning Commission and the zoning administrator, as well as Private Motorsports Group.

The case was initially filed July 19, 2017, when Burks was still represented by attorney Grant Woods. At the Superior Court level, Judge Robert Olson ruled against Burks, who then filed in the appeals court. During the appeals process, La Sota became Burks’ primary counsel.

La Sota had previously represented Maricopa Citizens Protecting Taxpayers, an out-of-town group that sued the City over the Apex approval. That case, too, reached the Arizona Supreme Court, where it was rejected for review.

The property in dispute is at the southeast corner of Highway 238 and Ralston Road.

La Sota did not respond to a request for comment. The City does not comment on ongoing litigation.