CXLIV - The Tempe era set to begin as ASU opens Mullett Arena

[TheLegend]

I have heard of such an arrangement, but every time it's when a huge municipality has dominance over a tiny one.

I feel Tempe and Phoenix are on more of a level playing field than every example i can think of in small towns ive lived in, although I assume phoenix is the big brother of that relationship.

Populationwise….. Tempe is even smaller than Glendale.

Phoenix is roughly 10x the population of Tempe.

 

[Tom ServoMST3K]

Populationwise….. Tempe is even smaller than Glendale.

Phoenix is roughly 10x the population of Tempe.

Yeah, it's been even more stark than that in terms of development especially. I'm talking urban/rural as opposed to urban/urban.

And I think only a 1/2 mile. I'm not super familiar with the current agreement I'm living in.

 

[PredsHead]

Another thing to consider here is… how much power can one city be allowed to have to force a neighboring city into determining its own zoning areas?

Phoenix is essentially trying to force Tempe into zoning its own land to whatever Phoenix wants with this suit. I’m honestly not sure if any judge is going to want to open that Pandora’s box.

When there is a signed IGA between the two parties covering this I would think the advantage typically goes to the side with the international airport on it. Remember the IGA was essentially a collectively bargained agreement between the two cities. Tempe got the flight paths changed to a more favorable location for them, and I believe Tempe also received some additional noise abatement funding plus some noise monitoring equipment. So its not as if Phoenix gave up nothing to get the IGA from Tempe.

 

[PredsHead]

This is why us foreigners shake our heads in dismay at the concept of electing judges.

Perhaps but I believe federal judges in Canada are selected by the Governor General, who is the federal viceregal representative of a king, so I guess all systems have their quirks...

 

[mouser]

Populationwise….. Tempe is even smaller than Glendale.

Phoenix is roughly 10x the population of Tempe.

Throwing in some perspective: Phoenix is the 5th largest city in the USA. Behind only New York City, Los Angeles, Chicago and Houston.

 

[Dirty Old Man]

Throwing in some perspective: Phoenix is the 5th largest city in the USA. Behind only New York City, Los Angeles, Chicago and Houston.

Plus Tempe abuts 3 other cities in the top 100, all around 250k or higher: Mesa, Chandler, Scottsdale.

 

[Stumbledore]

Perhaps but I believe federal judges in Canada are selected by the Governor General, who is the federal viceregal representative of a king, so I guess all systems have their quirks...

True. Our quirk is that the GG selects from a list of judges, compiled by an impartial panel which takes into account the linguistic background of the candidates.

 

[MMC]

 

[GindyDraws]

So, uh...

What about the No vote winning? What happens then.

 

[TheLegend]

So, uh...

What about the No vote winning? What happens then.

You'll just have to wait and find out like the rest of us.

 

[Tawnos]

So, uh...

What about the No vote winning? What happens then.

Any answers to this are pure speculation.

 

[MMC]

 

[Tawnos]

 

[Used As A Shield]

Daang.

 

[Mightygoose]

Wow. How long will this drag out from all sides.

This considering the Coyotes were not even named in the suits by the city and airport

Gonna be the longest 'two weeks' is history

 

[ThreeOfAPerfectPair]

Why would a privately funded project require a referendum? I imagine there will be some infrastrucure costs but that seems insignificant.

 

[Tawnos]

Why would a privately funded project require a referendum? I imagine there will be some infrastrucure costs but that seems insignificant.

The referendum is about zoning changes and selling the publicly owned land to Bluebird. It's not about funding or financing.

 

[mouser]

Bluebird does appear to have a valid legal point that they negotiated with and made concessions to Sky Harbor, who in turn dropped their opposition to the project in November. Now Sky Harbor changed their mind and it doesn't appear to be due to any new information or changes to the project proposal.

 

[Boris Zubov]

Obviously the Yotes lawsuit is a ploy to get Sky Harbor & the City of Phoenix to back down, but won't this put a dark cloud over the upcoming referendum? Lawsuits from either side are going to feed the voting public some negative vibes.

 

[mouser]

Would certainly be amusing and ironic if Phoenix taxpayers ended up paying for the arena project, lol

 

[Yukon Joe]

Interesting.

So I always hate commenting on legal cases based on media reports, because I know from my own cases the media leaves out important issues. And of course, as always, I am licensed to practice law, but not in Arizona.

Just going to Contracts 101 though...

This goes exactly to what I was posting just the other day - "didn't Phoenix / Sky Harbour already agree to this"?

It is probably going to come down to the exact wording of any documents signed between Meruelo/Bluebird/Coyotes and Phoenix/Sky Harbour. As I have mentioned before agreements to agree are not valid. If it boils down to "we are not opposed at this time" then Phoenix is free to change its mind. But if Phonix signed an agreement saying "we promise not to object", and what's more, Meruelo/Bluebird/Coyotes paid some kind of consideration (such as by altering their proposal), then the Coyotes are in reasonably good standing.

The bigger wildcard though is the public vote. If the vote goes against the Coyotes it probably does not matter what a court rules 6-12 months down the road.

 

[mouser]

Obviously the Yotes lawsuit is a ploy to get Sky Harbor & the City of Phoenix to back down, but won't this put a dark cloud over the upcoming referendum? Lawsuits from either side are going to feed the voting public some negative vibes.

Very possible. Though Phoenix trying to interfere with Tempe's autonomy is likely to carry more negative weight than any Coyotes lawsuit vs Phoenix.

 

[eojsmada]

I'm speculating here...but does the Coyotes referendum have the votes (with the citizens) to garner the referendum? If not, is this just a way for the current Coyotes owners to try and recoup some money? If the words "Good luck" constitute a 100% ironclad agreement between Phoenix/Sky Harbor and the Coyotes....I'm not sure that that will stand in court.

 

[mouser]

A statement that stood out to me:

the City of Phoenix tried to get the Coyotes to "lean on" Tempe to accept Phoenix's proposed IGA amendment

 

[PredsHead]

Bluebird does appear to have a valid legal point that they negotiated with and made concessions to Sky Harbor, who in turn dropped their opposition to the project in November. Now Sky Harbor changed their mind and it doesn't appear to be due to any new information or changes to the project proposal.

I believe Sky Harbor maintained their opposition to the residential part of the project, but was willing to allow the project to continue so long as Tempe was willing to negotiate on the CAMP project. Tempe sent the two letters effectively ending negotiations which in turn brought about Phoenix's suit. I don't believe Sky Harbor or Phoenix have agreed to anything formally with Tempe regarding TED.