TOHONO O'ODHAM NATION v. City of Glendale
253 P.3d 632
Ariz. Ct. App.2011Background
- Glendale adopted Ordinance No. 2229 in 2001 annexing Annexation Area 137.
- An owner within Area 137 timely challenged the annexation in superior court on December 27, 2001.
- Glendale repealed Ordinance No. 2229 in 2002, abandoning the attempted annexation; the challenge was dismissed from the inactive calendar on October 7, 2002.
- Nation later purchased the parcel within Area 137 that had been owned by the challenging party.
- In 2009 Glendale enacted Ordinance No. 2688 asserting the interior boundary extended to include Area 137 as of 2001 and claimed the 2002 repeal was a nullity.
- Nation sued in 2009 claiming the 2001 annexation never became final due to timely challenge; the trial court granted Glendale summary judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 9-471(D) delays finality of an annexation when timely challenged | Nation: finality is conditioned on court review, not automatic after 30 days | Glendale: finality occurs 30 days after adoption regardless of challenges | Timely challenge prevents automatic finality; finality awaits judicial determination |
| Scope of judicial review under § 9-471(D) in challenged annexations | Nation: court review governs validity before finality | Glendale: court review does not alter 30-day finality rule | Annexation remains subject to court review and does not become final until the court determines validity |
Key Cases Cited
- Airport Properties v. Maricopa County, 195 Ariz. 89 (App. 1999) (statutory 'subject to' language governs finality with judicial review)
- Salt River Project Agricultural Improvement & Power Dist. v. City of St. Johns, 149 Ariz. 282 (1986) (thirty-day waiting period and municipal powers considerations)
- Copper Hills Enterprises, Ltd. v. Arizona Department of Revenue, 214 Ariz. 386 (App. 2007) (annexation finality and procedural validity concerns)
- City of Phoenix v. Town of Cave Creek, 167 Ariz. 227 (App. 1990) (statutory review considerations in annexation context)
- Rural/Metro Fire Dept., Inc. v. Pima County, 122 Ariz. 554 (App. 1979) (annexation alignment with statutory procedures)
- Gieszl v. Town of Gilbert, 22 Ariz. App. 543 (1974) (limits on emergency measures affecting § 9-471 rights)