Judge to allow DeAnza suit to proceed - Tucson Local Media: Pima Pinal

Judge to allow DeAnza suit to proceed

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Posted: Tuesday, July 29, 2008 11:00 pm

The fate of the 311-home DeAnza Specific Plan remains undecided following a court ruling in a case between Marana and the developers.

On July 22, Pima County Superior Court Judge John E. Davis ruled that the lawsuit could continue, citing that a landowner not named in the suit is not indispensible to the case, as town officials had argued.

In May, Marana officials filed a motion to dismiss the case arguing that not all the landowners had been named in the lawsuit.

The issue arose in October 2007 when the Marana Town Council rezoned the area of the DeAnza Specific Plan. That December, petitioners filed a referendum, which would put the rezoning matter before voters.

In April, Fidelity National Title, representing one of DeAnza’s landowners, filed a lawsuit against the town, claiming that the referendum petition was filed too late.

The other DeAnza landowner not named in the suit is Kai-Harman Lane Property, a partnership involving Marana Councilman Herb Kai.

Kai has recused himself from the council’s discussions involving the DeAnza property.

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