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Short takes from the Tribune Editorial Board...
Whatever the outcome in the Goldwater Institute's lawsuit against Mesa over the city's cultural impact fee, the Legislature needs to address exactly what kind of services are supposed to be funded with these taxes on future growth.
The Goldwater Institute is appealing Tuesday's court ruling that would allow Mesa to continue attaching the cultural fee to the construction of new homes. The institute is convinced museums and art attractions are not necessary services, which is the standard in state law.
But Maricopa County Superior Court Judge Douglas Rayes said last week the law doesn't define "necessary," which provides wide latitude for local governments to decide what kind of impact fees can be charged.
There are some limits, as the state Supreme Court previously ruled Apache Junction couldn't charge impact fees to help fund the local schools. But Rayes' ruling suggests any impact fee that directly funds a city program would be legal, as long as the City Council considers it "necessary."
That likely was not the Legislature's intent, and lawmakers probably should limit their use to basic services such as public safety and traffic.
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Speaking of impact fees, Queen Creek could single-handedly reignite efforts by homebuilder lobbyists to cut off the access of all local governments to this revenue source.
Only intervention by Gov. Jan Brewer stopped the Legislature from imposing a three-year moratorium on all impact fees. Now, only two weeks after Brewer twice came to the rescue of cities and counties on this issue, Queen Creek is proposing to launch a new impact fee for water services, Tribune writer Amanda Keim reported. Homebuilders argue this kind of step in the middle of a recession is why a statewide moratorium is needed.
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