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Power Road-Williams Field LLC v. Gilbert

United States District Court, D. Arizona

April 18, 2014

Power Road-Williams Field LLC, Plaintiff,
v.
Gilbert, et al., Defendants

Page 1305

[Copyrighted Material Omitted]

Page 1306

For Power Road-Williams Field LLC, an Arizona limited liability company, Plaintiff: Ellen B Davis, Francis J Slavin, Jr., LEAD ATTORNEYS, Francis J Slavin PC, Phoenix, AZ.

For Gilbert, Town of, an Arizona municipality, Defendant: Jenny Jo Winkler, Robert Grasso, Jr., LEAD ATTORNEYS, Grasso Law Firm PC, Chandler, AZ.

For Mesa, City of, an Arizona municipality, Defendant: David J Ouimette, LEAD ATTORNEY, Dickinson Wright/Mariscal Weeks, Phoenix, AZ.

For Maricopa, County of, a political subdivision of the State of Arizona, Defendant: J Kenneth Mangum, LEAD ATTORNEY, Maricopa County Attorney's Office -Phoenix (Central Ave, Phoenix, AZ; James W Fritz, LEAD ATTORNEY, Maricopa County Attorneys Office - Civil Services Division, Phoenix, AZ.

OPINION

Page 1307

David G. Campbell, United States District Judge.

ORDER

Defendants Town of Gilbert, City of Mesa, and Maricopa County have filed a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). Doc. 7. The motion is fully briefed. The Court will grant Defendants' motion in part and remand this case to Maricopa County Superior Court.[1]

I. Background.

Plaintiff Power Road-Williams Field, LLC brought this action in Arizona Superior Court on May 15, 2013. Doc. 1-1 at 3. Plaintiff alleges violations of state and federal law, including A.R.S. § 9-461.11(F) and 42 U.S.C. § 1983. Defendants removed the action to federal court on October 10, 2013. Doc. 1.

Plaintiff owns approximately 73 acres of land located at the northwest corner of the intersection of Power Road and Williams Field Road in Maricopa County. Doc. 1-1, ¶ 6. Power Road is a major arterial roadway that experiences heavy traffic, services the larger metropolitan area, and serves as the common corporate boundary between Gilbert and Mesa. Id., ¶ ¶ 8-9.

Defendants entered into an intergovernmental agreement (" IGA" ) pursuant to A.R.S. § 11-951, et seq., to undertake a $30 million improvement project to widen and realign a segment of Power Road, creating a separate one-way, three-lane road in each direction. Doc. 1-1, ¶ 11. The gist of Plaintiff's complaint is that the IGA did not comply with A.R.S. § 9-461.11(F) and that the process mandated by statute was not followed. Id., ¶ 21. Plaintiff alleges that the Town of Gilbert staff " decided to radically re-design and re-align the intersection

Page 1308

of Power Road and Williams Field Road" in order to " retaliate against Plaintiff and deprive it of the economically viable use of Plaintiff's property" because Plaintiff had refused to cooperate with Gilbert's plan to annex part of ...


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