Printable VersionYUMA — An outside judge ruled Thursday that the Irrigation Drainage District could provide domestic water legitimately.
“I have ruled that the providing of the water to the city is a legitimate function of an IDD and I am dismissing the complaint,” Plante said, adding that because Scarmardo did not yet pay property tax, the complaint did not follow the process. “Of course this order must state that it was brought to the wrong place at the wrong time.”
Scarmardo said he plans to file property taxes immediately upon arrival, which would allow him to bring the complaint against the city again.
“(Plante) pretty much pointedly said that if I pay my tax bill when it arrives that I can file a new complaint,” Scarmardo said. “I’m going to pay it early and we’ll see where to go from here.”
City Attorney Paul Lenkowsky was pleased with the ruling.
“The city was very encouraged by the court’s ruling,” he said. “Although Mr. Scarmardo is free to pursue the narrow tax aspect in tax court, it seems the court was very clear on several of the plaintiff’s claims. Many claims (the plaintiffs) were submitting the court found had no basis.”
Defense Attorney Harvey Jackson said he was prepared for the ruling and was not entirely surprised.
“Going into this we felt it would be decided by the court of appeals or the Arizona Supreme Court,” Jackson said. “There are cases saying the IDD cannot do these things and there were other statutes enacted that are in conflict with that ruling. There really isn’t a precedent that controls it.”
Plante did not rule on the Singer Initiative or Prop. 200. The Singer Initiative states no new taxes or increase in existing taxes could be imposed, and no sale of, or commitments of revenue to repay Municipal Property Corporation bonds could occur without approval by more than two-thirds vote at a special election called for the specific purpose.
“The court is not deciding on the merits of the issue as it is not necessary,” Plante said.
Jackson said he and Scarmardo would further review the Prop. 200 issue and reconsider strategy.
“We’ll have to decide whether to appeal it,” Jackson said. “I imagine that a decision on Prop. 200 would be resolved after our appeal because if we win our appeal, it’s a much different case.”
Lenkowsky said the plaintiffs will have a more difficult time with the appeal.
“Well, the burden will be on the plaintiff now that the complaint has been dismissed to show how the court made a legal error,” he said. “I’m not sure the basis of the appeal so I can’t comment further.”
Scarmardo said he was disappointed with the court’s decision.
“I think it’s shameful that the City Council goes to such extents that they spend tens of thousands of dollars to fly in the face of the citizens,” he said. “Citizens spoke out on Prop. 200 on a four-fifths vote, which basically said ‘We don’t trust you to control our purse strings.’”
You can contact the reporter at nbruttell@havasunews.com
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