• Arizona
  • Thursday , Feb 1 , 2018

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UPDATE: Encanterra Annexation on Hold

pinalcountysuperiorcourt-sm

The Town of Queen Creek filed a 101 page response with a Motion to Dismiss the lawsuit challenging the Encanterra annexation petition which had been filed in Pinal County Superior Court on November 15, 2019 by the "Encanterra Residents Against Annexation."

The Motion was set for a scheduling hearing December 12, 2019 and was heard by the Honorable Stephen F. McCarville.  The case had been originally assigned to Honorable Steven Fuller, who recused himself as he is a resident of Encanterra himself. 

A dozen representatives from the Town of Queen Creek, including Mayor Barney, Council member Jeff Brown, the Town's Utility Services Director, Paul Gardner, Queen Creek Fire Chief Vance Gray and Christine Sheehy, the Town's Principal Planner and Code Compliance Manager, attended the hearing, as did about a dozen Encanterra residents both for and against the annexation.  

The Town of Queen Creek had asked for the suit to be dismissed in its entirety, with Scott Holcomb, attorney for the Town, stating that the delay "is a serious concern for Queen Creek as it is significantly impacting the Town's tax base".

Tim La Sota, attorney for Encanterra Residents Against Annexation, defended Counts 2 and 3.  The beginning of the hearing included a request for an evidentiary hearing to discuss Count 1, a challenge to the signatures collected.  Honorable McCarville set a hearing for Tues December 17th at 1:30pm.

After two hours of briefing, Honorable McCarville told the room that he would take the information presented under advisement.  For now, the annexation remains on hold as both parties wait for McCarville's opinion.

[READ MORE: Encanterra Annexation Challenged in Court]

UPDATE: Just before 5:00 p.m., December 13, 2019, Judge McCarville issued his opinion and granted the Town of Queen Creek their motion to dismiss the case.  Encanterra Residents Against Annexation have 30 days to decide whether or not they will file an appeal.  You can read McCarville's opinion below.

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