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April 12, 2008 - 5:42AM
Developer targeted in referendum files lawsuit to stop issue
Brian Powell, Tribune
The developer of a downtown Scottsdale apartment and retail complex that is the target of a referendum has filed a lawsuit to stop the issue before it gets to the ballot box.
The Hanover Co. has challenged the validity of the referendum signatures forcing a September vote on the project.
Eric Kenney, a managing partner of the Texas-based company, said the lawsuit filed late Friday lists a number of problems with the petitions.
Kenney, who is the plaintiff, said the issues include having an invalid political committee name and having signatures gathered by some paid circulators who were ineligible to gather them.
"There are many, many problems," he said.
No hearing date has been set.
The Scottsdale City Council voted 5-2 Feb. 19 to approve the five-story, 230-unit project on the northwest corner of Goldwater Boulevard and Indian School Road. The political group Height and Density gathered 2,679 valid signatures in 30 days, according to a random sample verified by the Maricopa County Recorder's Office. At least 1,961 valid signatures were needed to force a vote.
Height and Density, which anticipated a challenge, said it wants to overturn the approval of the project because it's too tall and dense for the area and has a lackluster design.
On Tuesday, the City Council is scheduled to officially call the election for Sept. 2.
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