Developers Lose Round in Arizona Growth Fight

PHOENIX-A proposal has been knocked off the November ballot that leaders in the real estate and business community had hoped would derail another proposal that includes restrictive growth boundaries.

A Maricopa County Superior Court judge has removed developer-supported Proposition 100 from the upcoming ballot after ruling that it violates the state ban on combining different subjects into a single proposal to amend the Arizona Constitution. Proposition 100 would have changed the way state trust land is managed, effectively making it easier for developers to do deals.

“It’s really a Christmas tree, a little ornament on there for everyone,” says Andy Gordon, an attorney for opponents of the proposition.

Governor Jane Hull–with the backing of the business, construction and real estate communities–had pushed Proposition 100 through the Legislature. Leaders hoped that Proposition 100 would take some of the steam out of the Citizens Growth Management Initiative, Proposition 202.

Proposition 202, which will remain on the ballot, calls for a sweeping change in development and growth in the state. It includes strict new growth boundaries for every sizeable city in Arizona, which builders and other opponents say could virtually choke off new development and overall economic growth.

Proposition 202 is backed by several civic groups, including the Sierra Club, and the fight over the measure is already heating up. Opponents recently began mailing hundreds of thousands of flyers to residents warning of dire results if the measure is passed, claiming it could cost more than 200,000 jobs.

An appeal by proponents of Proposition 100 is likely to be heard in the Arizona Supreme Court by the end of the month.