Home Builders Association of Central Arizona v. City of Scottsdale
Arizona Supreme Court
930 P.2d 993 (1997)
Arizona zoning laws prohibited the approval of new developments if each development did not have an assurance of water quality. The City of Scottsdale (defendant) conducted a study and determined that it did not have sufficient water resources for its future. As a result, the city began spending money to preserve water and acquire additional water resources. To offset these costs, the city adopted an ordinance imposing a development fee on all new real estate developments. The Home Builders Association of Central Arizona (HBA) (plaintiff) sued the city, asserting that the fees did not comply with an Arizona statute that required that all development fees result in a benefit to the development. The trial court agreed with the HBA, finding that any benefit to developments paying the fee was too speculative and remote to comply with the statute. The court of appeals reversed. The HBA appealed.
Rule of Law
Holding and Reasoning (Ares, J.)
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