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

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XX

Waiting for Ishbia
Dec 10, 2002
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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.

Unless there's a binding contract somewhere we don't know about then none of this is legally actionable.
 

gstommylee

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Jan 31, 2012
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Unless there's a binding contract somewhere we don't know about then none of this is legally actionable.

you can still sue for damages as a results of someone's action regardless of there's a contract saying said someone won't do that. Sky harbor is on record saying they won't object and now they are objecting when they said they weren't going to.
 
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Ciao

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I find it hard to imagine that another lawsuit will help push this project through.

I gather that Meruello is very pissed with the City of Phoenix, and is expressing his displeasure in his own inimitable way.
 
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mouser

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Does the owner bring this action if he thinks he’s winning the coming vote?

Yes. If Phoenix wins their lawsuit against Tempe then the land zoning changes passed by Tempe to enable the TED project area would be voided.

The upcoming vote essentially gives the citizens of Tempe the opportunity to “void” the Tempe city council decisions. If Phoenix already has the Tempe city council zoning decision voided then it doesn’t matter whether the Tempe citizen vote is for approval.
 

TheLegend

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The full statement reads like something an especially emotional teenager would write if you let them make a press release. How did they think anyone would take them seriously after releasing that?

No more than Phoenix trying to flip the script saying the Coyotes should also be angry with Tempe and side with them with this sophomoric statement

Phoenix vowed to fight the Coyotes' countersuit but said the team's frustration was "misdirected." Sky Harbor officials contend that the project developers should be upset with Tempe for not squashing the dispute by meeting Phoenix's "reasonable" terms before legal action took place.

"We can understand and appreciate the developer’s frustration. But their frustration is misdirected. They should be frustrated with Tempe," Phoenix wrote in a Tuesday news release. "A clear and reasonable resolution was in Tempe’s hands and they elected to reject it. We join the TED developer in their frustration."


 
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PredsHead

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No more than Phoenix trying to flip the script saying the Coyotes should also be angry with Tempe and side with them with this sophomoric statement




I completely agree with Sky Harbor's statement, it is basically the same thing I have been saying since the first lawsuit was announced. Why did Tempe send those two letters? That's what kicked all these legal dramas off in the first place and no one has yet made a plausible explanation for them.
 

Boris Zubov

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I completely agree with Sky Harbor's statement, it is basically the same thing I have been saying since the first lawsuit was announced. Why did Tempe send those two letters? That's what kicked all these legal dramas off in the first place and no one has yet made a plausible explanation for them.
I missed it somewhere along the line, but what are the two letters you keep referring to? Sorry if they are right in front of me.
 

TheLegend

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I completely agree with Sky Harbor's statement, it is basically the same thing I have been saying since the first lawsuit was announced. Why did Tempe send those two letters? That's what kicked all these legal dramas off in the first place and no one has yet made a plausible explanation for them.

You're stuck on two letters that are a very small part of what is a much bigger picture.
 

mouser

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I completely agree with Sky Harbor's statement, it is basically the same thing I have been saying since the first lawsuit was announced. Why did Tempe send those two letters? That's what kicked all these legal dramas off in the first place and no one has yet made a plausible explanation for them.

How many letters have Phoenix and Tempe exchanged over this whole IGA negotiation? I’m very confident the two letters Tempe sent are only a small % of the total back and forth discussion.

Without seeing the contents of the other letters and negotiation details between Phoenix and Tempe I don‘t see how we can conclude those two Tempe letters are the catalyst for the Phoenix lawsuit. They could just as easily be the ”convenient excuse” for the Phoenix lawsuit.
 

PredsHead

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Nov 14, 2018
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How many letters have Phoenix and Tempe exchanged over this whole IGA negotiation? I’m very confident the two letters Tempe sent are only a small % of the total back and forth discussion.

Without seeing the contents of the other letters and negotiation details between Phoenix and Tempe I don‘t see how we can conclude those two Tempe letters are the catalyst for the Phoenix lawsuit. They could just as easily be the ”convenient excuse” for the Phoenix lawsuit.

Tempe Entertainment District | Phoenix Sky Harbor International Airport
Tempe Entertainment District | City of Tempe, AZ
There you have both sides with all of their attached documentation. These are government entities so almost all of their negotiations are public. Sky Harbor clearly points to the letters in their complaint as meaning negotiations were over and thus they brought the suit.
 
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mouser

Business of Hockey
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Tempe Entertainment District | Phoenix Sky Harbor International Airport
Tempe Entertainment District | City of Tempe, AZ
There you have both sides with all of their attached documentation. These are government entities so almost all of their negotiations are public. Sky Harbor clearly points to the letters in their complaint as meaning negotiations were over and thus they brought the suit.

Thanks, can you point out where in those links I can find the letters Phoenix sent to Tempe during the negotiations following the November 2022 Tempe city council vote approving TED?
 

PredsHead

Registered User
Nov 14, 2018
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Apologies, I meant after the November 2022 Tempe city council vote.
This was forwarded to Tempe:
https://www.skyharbor.com/media/sl4oxzuc/phx-noise-contour-letter-1-27-23.pdf
Sky Harbor showed up to this executive work session on February 9th:



There is also this from the complaint but I am trying to find the actual correspondence:
"After the Tempe City Council voted to advance the TED and Modera projects, Phoenix proposed to Tempe a possible resolution of their dispute over the Agreement and the TED’s and Modera’s residential units. But, on January 16, 2023, Tempe rejected that proposed resolution. The next day, on January 17, 2023, the Phoenix City Manager and the Tempe City Manager again discussed a proposed resolution and Tempe’s rejection of Phoenix’s earlier proposed resolution. On January 30, 2023, Phoenix and Tempe representatives met, again, to discuss a possible resolution. On January 31, 2023, Phoenix sent Tempe the Airport’s 2019 noise contours, as Tempe had requested. On February 2, 2023, Phoenix sent Tempe more materials and information, as Tempe had requested. On February 7, 2023, Phoenix sent Tempe a proposed draft amendment to the Agreement, as Tempe had requested. On February 9, 2023, Phoenix presented at the Tempe City Council, regarding certain aspects of a proposed resolution of the dispute over the Agreement. On March 17, 2023, the Tempe City Manager sent the Phoenix City Manager two letters, rejecting Phoenix’s proposed resolution and further delaying any resolution of this dispute over the Agreement. In these letters, Tempe’s City Manager said that “Tempe is currently unable to respond” and “Tempe cannot yet agree.” Tempe did not provide a timeline for its answer, instead stating only that “Tempe will proceed with all deliberate speed.”
https://www.skyharbor.com/media/kj0lgjt5/complaint-w-exhibits.pdf
 
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PredsHead

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Nov 14, 2018
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Thanks. Did they send these unsolicited or were they in reply to ongoing discussions regarding Sky Harbor?
See above for at least Sky Harbor's timeline of events but if it tells you anything this is the listing under "Letters to City of Phoenix" on Tempe's TED website (notice the gap in correspondence):

Tempe.JPG
 

PredsHead

Registered User
Nov 14, 2018
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You're stuck on two letters that are a very small part of what is a much bigger picture.
Perhaps but then it should be pretty easy to explain them. Clearly Tempe had some end they wanted to achieve by sending them otherwise they wouldn't have sent them.
 
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