Johnson Utilities has 10 days to present argument

Johnson Utilities has 10 days to present an argument against releasing a public study of the utility conducted by Florence, a Pinal County Superior Court judge ordered Monday.

Tribune files motion for access to utility study

Records on possible water deal blocked

The $308,000 taxpayer-funded study was conducted to evaluate the utility for possible purchase. The East Valley Tribune requested a copy of the study in January after the town opted not to buy the water and wastewater company. Florence ceased negotiations when Johnson declined a $190 million offer.

The Tribune asked to be a third party in the case last week after Florence refused to release the records.

Judge Kevin White also ordered Florence officials to provide him a copy of the Johnson Utilities study. East Valley Tribune attorney Dan Barr of Perkins, Coie, Brown & Bain will have five days to respond to Johnson’s submission and then White is expected to issue a decision on releasing the records.

“He will determine what, if anything, should be withheld,” Barr said.

The utility, owned by Scottsdale developer George Johnson, serves more than 20,000 customers in the unincorporated area south of Queen Creek and a portion of Florence.

When Florence began studying the potential purchase in January 2007, town officials agreed Johnson would be tipped off to any related public records request, Town Attorney James Mannato has said.

On March 24, the utility company filed a restraining order against Florence blocking the release of the study, claiming it would cause “irreparable harm.”

The study examined the condition of the water and wastewater system, including how it was built, engineered and designed. In March, Johnson paid the town $219,000 of the study’s cost, leaving taxpayers with about $90,000 of the bill. Town officials said they did not question why Johnson agreed to pay part of the cost.

Calls made to Johnson Utilities were not immediately returned.