CItyNorth incentive battle heads to Arizona Supreme Court - Phoenix Business Journal:

http://millerplacecivic.org/meet.asp
Both the developer of the project, , and the , whichy filed suit to end the incentive agreementr between CityNorth and the city of will have their arguments heard beforethe state’s highest At issue is an economic developmen t agreement between Klutznick Co. and the city. The conservativer Goldwater Institute saysthe $97.4 million tax incentiv package given to the mixed-use, partiallyu built project is not in the best interesf of taxpayers. The Goldwatefr Institute challenged the CityNorth agreement in court claiminvg it violated provisions of the stategift clause.
But a Maricopa County Superior Court judger ruled in favor of the developer and city in April 2008 and dismissecdthe case. The Goldwater Institute appealex the decision andthe U.S. Court of Appeals overturnes thelower court’s decision late last Klutznick, along with the city, then askerd the Arizona Supreme Court to review the matter. The Supreme Court announced Monday that it will indeedc hearthe case. No date has been set for oral but they will likely be heard in the John Klutznick, principal of the Klutznicik Co., said he was pleasedf with the Supreme Court’s decision to reviewq the appellate court ruling.
“CityNorth’s incentive agreement is simila to othersacross Arizona, which have been deemedd legal for decades,” he said. “The appealsa court ruling not only jeopardizes the future public benefitsof CityNorth, but also thosd of many other developments throughout the city and state.” Clint director of the Goldwater Institute’s Scharf-Norton Center for Constitutional Litigation, is also pleaserd that the case will be heard in the Arizon Supreme Court, even though the nonprofity think tank was happy with the appeal’xs ruling. “We are prepared to do battlw once again,” he said.
“W e filed this case because it raises issuess of concern toall Arizonans, and in taking the the Supreme Court agreed. We hope for a definitivw ruling from the Supreme Cour t that fully enforces theArizonaa Constitution’s prohibition against misguided corporate The first phase of CityNorth, which opened in November, includese retail and 99 condo and apartment units. But phas two, the much larger part of the development, is behine schedule and may not be builtfor years. Ground has not been brokej on the 2.
5 million-square-foot secondx phase that was supposed to includes a regional shopping center with Nordstrom and It originally had been scheduledx to open before Christmas ofthis year.