Town of Marana v. Pima County
230 Ariz. 142
| Ariz. Ct. App. | 2012Background
- Town of Marana incorporated 1977; 1979 IGA with County to construct, operate, and maintain sewer facilities within Town.
- IGA provides County authority to operate flow-through system; ownership mechanics and termination rights; upon termination, flow-through stays with County and non-flow-through within Town transfers to Town.
- 1988 special election authorized Town to construct, purchase, acquire, lease, own and operate a municipal wastewater and sewer system.
- Town terminated the IGA in 2007 and sought to assume sewer service responsibilities; County designated Anza Park to obstruct annexation of the MWRF.
- Multiple post-IGA proceedings: Court granted partial summary judgment in Town’s favor on authority to operate; trial determined MWRF remained County property and Annexation invalid; voter-approval issue under §9-514 later reversed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Town has paramount authority to provide sewer services | Marana | Pima County | Town has paramount authority |
| Whether Town’s 1988 ballot satisfied § 9-514 voter approval | Marana | County | Ballot did not satisfy voter approval under § 9-514 |
| Whether MWRF is part of flow-through system under IGA | County | Town | MWRF not part of flow-through; County retains ownership of MWRF |
| Whether Town’s annexation of MWRF was valid without County consent | Marana | County | Annexation invalid without County consent |
Key Cases Cited
- City of Casa Grande v. Arizona Water Co., 199 Ariz. 547 (Ariz. App. 2001) (requires specific voter authorization under § 9-514 for acquisition)
- City of Mesa v. Salt River Project Agricultural Improvement and Power District, 92 Ariz. 91, 373 P.2d 722 (Sup. Ct. 1962) (broad interpretation of public utility and § 9-516 limits on competing services)
- A Tumbling-T Ranches v. Flood Control Dist. of Maricopa County, 220 Ariz. 202, 204 P.3d 1051 (App. 2008) (defines sewer system; uses ordinary meaning to interpret § 12 of IGA)