from the Superior Court in Maricopa County, No. LC
2015-000267-001, The Honorable Connie Contes, Judge.
Gillespie, Shields, Goldfarb, Taylor & Houk, Phoenix, By
Kristina B. Reeves, April Maxwell, Counsel for
Cracchiolo PA, Phoenix, By Daryl Manhart, Andrew Abraham,
Casey S. Blais, Co-Counsel for Defendants/Appellees
Phoenix City Attorneys Office, Phoenix, By Brad Holm,
Co-Counsel for Defendants/Appellees
Judge Michael J. Brown delivered the opinion of the Court, in
which Judge Kenton D. Jones and Judge Lawrence F. Winthrop
Contreras Farms Limited, LLC ("CFL") appeals the
superior courts order finding that under state law CFL was
not entitled to administratively appeal a requirement to
construct a water main pursuant to Phoenix City Code §
37-33(a). For the following reasons, we affirm.
Arizona law, by statute, gives property owners the right to
an administrative appeal when a city or town requires
"a[n] exaction as a condition of granting approval for
the use, improvement or development of real property."
A.R.S. § 9-500.12(A)(1). The right to pursue such an appeal,
however, "does not apply to a[n] ... exaction required
in a legislative act by the governing body of a city or town
that does not give discretion to the administrative agency or
official to determine the [exactions] nature or
extent." A.R.S. § 9-500.12(A)(1). In this case, we
address the interplay between § 9-500.12 and a specific
mandate in Phoenix City Code § 37-33(a) that requires
developers to "furnish and install ... all water mains
... within the boundary of the development as well as the
streets bounding the entire development."
The material facts relevant to this issue are undisputed.
Near the end of 2013, Entellus, Inc., a civil engineering
firm, submitted plans to the City of Phoenix Planning &
Development Department ("Department") on CFLs
behalf to build a charter school at 4275 West Baseline Road
(the "Property"), located at the southeast corner
of the 43rd Avenue and Baseline intersection. As relevant
here, the Department responded that there were no issues as
to the existing 12-inch water main along Baseline Road but
that under "City Code 37-33 ... [a] 12-inch main
extension will be required to be installed from Baseline to
the south property line" along 43rd Avenue. Shortly
thereafter, CFL started construction of the charter school
Meanwhile, Entellus filed a technical appeal with the Water
Services Technical Appeals Committee ("Committee")
requesting that "the requirement to install a [ ] 12
[inch] water main extension in 43rd Avenue be deleted."
Entellus explained that (1) an existing water main was
operational in the original alignment of 43rd Ave; (2) the
Citys water system was already operating "very robustly
in the vicinity of the school site"; and (3) because the
school would be connecting to the water main on Baseline, it
would not use or benefit from the required main along 43rd
Avenue. The Committee denied ...