Tuesday, May 13, 2008

Az Federation Of Taxpayers Tom Jenney Questions Governor's "Deal" With Home Builders

We recently did a post noting that the Home Builders Assoc. of Central Az agreed to not lobby against the potential State Lands Initiative. That article alluded to a deal with Gov. Napolitano. Tom Jenney, Az Federation of Taxpayers questions the merits of this deal.

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The following msg is from Tom Jenney.

Tomorrow (Wednesday, May 14th), from 11:00 a.m. to noon, the local NPR radio affiliate KJZZ (91.5 FM) will broadcast some of my remarks during its live interview with Gov. Janet Napolitano. http://www.kjzz.org/

In addition to covering the state’s budget deficit crisis (to which Napolitano was the #1 contributor), the interview will get the Governor’s comments on the recently-uncovered scandal concerning a secret deal between Napolitano, the TIME Coalition, and the Home Builders Association of Central Arizona.

In that deal, the HBACA, a developers’ association, agreed to donate $100,000 to the TIME Coalition’s ballot initiative campaign for a new one-cent state sales tax... in return for Napolitano removing a threatened developer impact fee from the TIME ballot initiative.

In my remarks to KJZZ, I referred to Napolitano’s actions as “extortion.” That’s the right word for it. Some have defended her actions by saying that they’re just politics-as-usual. If so, then it’s clear that something is desperately wrong with Arizona politics.

The story was broken in a Tribune piece by reporter Dennis Welch, titled, “Governor makes secret deal with developers.” http://www.eastvalleytribune.com/story/115945


The letter from HBACA to Napolitano is available here:

http://www.eastvalleytribune.com/images/photos/2008/05/09/uotb8ilw.jpg

Greg Patterson at Espresso Pundit commented on the “Chicago-style” agreement between HBACA and the Governor:

http://coaching.typepad.com/espresso_pundit/2008/05/chicago-style.html

For information about alternatives to the TIME Coalition’s proposed transportation sales tax, see Goldwater Institute chairman Tom Patterson’s recent analysis:

http://www.goldwaterinstitute.org/AboutUs/ArticleView.aspx?id=2189

For Liberty,


--Tom

Tom Jenney
Arizona Director
Americans for Prosperity

(Arizona Federation of Taxpayers)

www.aztaxpayers.org

tjenney@afphq.org

(602) 478-0146

Goldwater Institute Gets Backing On City North Attorney Fees

Hopefully the lower court judgment will get reversed by The Court of Appeals. In the meantime, it's good to see this coalition backing The Goldwater Institute.






Coalition Backs Goldwater Institute on CityNorth Attorney Fees
Groups Say Fees Would Have 'Chilling Effect' on Public Interest Litigation

May 13, 2008
Contact: Starlee Rhoades
(602) 462-5000 x 226


Phoenix -- A coalition of six policy organizations that agree on very few issues came together yesterday in a friend-of-the-court brief arguing against efforts by the City of Phoenix and the developer of the CityNorth mall to collect $688,000 in attorneys' fees from the Goldwater Institute in its challenge to a $97.4 million taxpayer subsidy for the mall.

In a brief on behalf of the Arizona Center for Law in the Public Interest (ACLPI), the Institute for Justice, the Center for Arizona Policy, the Arizona Tax Research Foundation, the Free Enterprise Club Political Action Committee, and the American Civil Liberties Union, ACLPI attorney Tim Hogan argues that an attorneys' fees award would have a "chilling effect" on public interest litigation of all types.

The Goldwater Institute lost the opening round of the case and is appealing the decision to the Arizona Court of Appeals. CityNorth seeks a punitive attorneys' fee award in part because of the Institute's "intent to turn public opinion against CityNorth in order to put its case in a favorable light in the public arena."

The coalition brief counters that "public speech about the vindication of important public rights is one of the most important freedoms we enjoy in this country. It should not form the basis for a punitive award of fees."

The groups supporting the Institute have litigated a broad array of public interest cases, ranging from eminent domain to parental notification of abortions to education to free speech.

"This remarkable assemblage underscores the breadth and importance of what is at stake, as well as the frivolous and punitive nature of the City's and CityNorth's fee petitions," declared Clint Bolick, director of the Goldwater Institute Scharf-Norton Center for Constitutional Litigation. "We're grateful to have this support."

The Goldwater Institute filed its opposition to the fee petitions yesterday as well. The matter is before Maricopa County Superior Court Judge Robert Miles, who has scheduled oral argument for June 9, 2008.

The Goldwater Institute is a charitable research and litigation organization whose work is made possible by the generosity of its supporters. To support the Institute's work, please click here to make a tax-deductible contribution.

Contact:
Starlee Rhoades
Vice President of Communications
(602) 462-5000 x 226