Substation vote would be illegal, developer says - East Valley Tribune: East Valley Local News

Substation vote would be illegal, developer says

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Posted: Thursday, August 14, 2008 7:33 pm | Updated: 8:48 pm, Fri Oct 7, 2011.

An attorney representing hotel developers looking to relocate an electric substation is claiming a planned Scottsdale City Council vote Monday on its future is illegal and must be removed from the agenda.

Developer unveils new look for substation

Tom Irvine, on behalf of the developers of the proposed Solis Scottsdale project, sent a 10-page letter to the council Thursday that also states the vote — which was called for last month by Scottsdale Councilman Bob Littlefield — is being done to influence the Sept. 2 election.

The council vote scheduled for Monday is whether to adopt a resolution opposing the move of the Salt River Project substation from Scottsdale and Camelback roads to the northeast corner of 68th Street and Indian School Road. The developers are proposing the move to accommodate their high-end hotel and condo project, which many neighbors oppose.

City Attorney Deborah Robberson said she had no comment or reaction to the letter. As of Thursday, the substation resolution was still posted on Monday’s agenda.

Irvine argued that the vote would deprive the Solis developers of their due process and property rights, including violating the Private Property Rights Protection Act, which was approved by voters as Proposition 207. Irvine said the action would violate constitutions, statues and codes that govern land use. The letter states both the city and council members face liability if they participate in the action.

“As far as I can determine nothing like this has ever happened to a single property owner,” Irvine said.

Littlefield said the people should know where the council stands on this issue before the Sept. 2 election, and this letter was designed to delay the vote.

“It’s interesting that they are complaining I’m playing politics, but they are the ones playing politics,” Littlefield said.

The developer has filed to abandon an alley for the substation site, which would require a council vote. The council must also vote to rezone the land north and east of Scottsdale and Camelback roads for the Solis Scottsdale Resort. No hearing dates for those votes have been scheduled.

Irvine, who has been involved in a number of high-profile Scottsdale political issues over the years, was most recently the successful attorney in tossing two referendums from the ballot, including the Hanover apartment building and anti-dust measures.

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