Goodyear City Clerk Dee Cockrum tells GlobeSt.com that the approval of a development agreement for the site was an "administrative act" by city council and not subject to a citizens' vote. "That was the (city) attorney's opinion," Cockrum says.
Cockrum says a second citizen petition to block a Wal-Mart site plan also is not subject to voter approval because that plan was developed in 2001. "The attorney does not think the site plan is referable (for a referendum vote) because the decision was made in 2001 and that was when it was referable to the voters," she says. Opponents of the Wal-Mart plan have the option of seeking a court opinion on the issue.
Scottsdale residents, faced with a similar situation, recently won a court battle to place a question on the ballot asking voters whether they approve of the city's decision to subsidize the development of the Los Arcos Mall at McDowell and Scottsdale roads.
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