HUB appeal scheduled for April 21
Updated Wed., March 20
The appeal of the Hub approval will be heard on April 21, 2017 at 1pm, Coconino County Superior Court Div. III, 200 N. San Francisco St., Flagstaff. The briefs filed by all parties are available for download below.
A motion to dismiss the appeal for lack of standing was dismissed by the court on Thursday, Feb. 23. The courtroom was completely full, mostly with Stand Up for Flagstaff supporters.
Stand Up for Flagstaff and 120 Cottage Place LLC filed on September 15 to the Coconino County superior court to appeal the decision of the City of Flagstaff Board of Adjustment regarding the city's approval of the Hub 2 private dormitory as a transect project. The appeal was assigned to a judge from Pima County, after 4 Coconino County judges recused themselves from hearing it.
Stand Up for Flagstaff withdrew as a plaintiff in the case but continues to fully support 120 Cottage Place LLC's ongoing pursuit of the appeal. SUFF continues to raise funds for legal fees, as well as to provide research and public information. This step to withdraw was taken to avoid delays which would be caused by having to defend SUFF's standing. The developer has also challenged 120 Cottage Place's standing but since 120 Cottage Place is a property owner and taxpayer within 300 feet of the Hub, its standing was less time consuming to defend than SUFF's.
Stand Up for Flagstaff's position is that the community is best served by a timely hearing of this case. The outcome will determine whether the Hub will be permitted in its present form and whether current law would permit giant Hub-sized developments throughout the area shown in red, at right. A timely hearing would also prevent the developer from claiming a reliance issue (that they are justified in building because they relied on the board of adjustment’s decision) if they have begun to build and then lose the appeal.
The decision to take this next step in the appeal process—a process citizens have a right to pursue under law—is not only to clarify the zoning interpretation used for the Hub, in particular, but to correct an interpretation of the zoning code generally, one that has long-term consequences for all of Flagstaff. Stand Up for Flagstaff's position is that the Superior Court appeal process will allow for a deeper consideration of the legal issues in the appeal and a clearer guide to future development.
Briefs filed regarding the Superior Court appeal, latest brief first:
2/23/17: Plaintiff's Application for order to show cause why relief should not be granted
12/15/16: Plaintiff's Amended complaint to Superior Court
9/16/16: Plaintiff's Original complaint to Superior Court
Briefs filed pertaining to the Board of Adjustment hearing:
Board of Adjustment Aug 17 meeting agenda (very large file.)
8/5/16: City's response brief to appeal
6/17/16: Stand Up for Flagstaff appeal
6/3/16: City's approval of Hub 2