Q: Wouldn't that violate...
A: "Well, it depends..."
May we please first pause to appreciate billable hours?
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Okay, that aside: it is probably not "Credit in support of" that matters. It is more likely that the equitable or proportional return - or COI - that matters.
Schires v Carlat is currently the controlling law in Arizona.
... the court of appeals gave deference to the City’s determination that it would receive “an equitable or proportional economic return” in exchange for its payments. Schires, 2020 WL 390671,at *5 ¶23.
We recognize that in Cheatham, this Court stated that “courts must give due deference to the decisions of elected officials” in applying the second prong. 240 Ariz. at 322 ¶ 35.
We now disapprove that statement.
The Court cited no authority for its position. See id.
Earlier in the opinion, it cited Wistuber’s statement that in applying the two-prong test, courts “must give appropriate deference to the findings of the governmental body.” Id.at 318 ¶ 10 (quoting Wistuber, 141 Ariz. at 349).
It would become an adequate value case,
if Tempe approved a GPLET for an arena that violated law; and that GPLET relied upon a 'future tax revenue' COI calculation; and an individual with proper standing filed suit; and it went to trial...
Seems like a lot of "ifs" ...