Goldwater Institute Victorious In Defending Right To Sue Government

Great News From Phoenix. Judge Miles has ruled in favor of the Goldwater Institute on CityNorth legal fees.

Hopefully, the Court of Appeals will soon overturn the lower court's decision and rightfully say that giving tens of millions of dollars to one developer and not others, is, in fact a violation of the Arizona Constitution.

Congratulations to Clint Bolick and his legal team at the Goldwater Institute.

City of Phoenix and CityNorth Lose Motions for Attorney's Fees Goldwater Institute Victorious in Defending Right to Sue Government June 9, 2008 Contact: Starlee Rhoades (602) 462-5000 x 226 Phoenix -- Today the City of Phoenix and CityNorth lost their requests asking the Goldwater Institute to pay attorney's fees in its case challenging a $100 million subsidy to the developer of the CityNorth shopping mall. The City and CityNorth asserted various claims in an attempt to win some $600,000 in attorney's fees from the Goldwater Institute. Maricopa County Judge Robert Miles denied every claim, saying "an award of fees would be inappropriate." "This issue is almost as important as the lawsuit itself," said Clint Bolick, director of the Goldwater Institute Scharf-Norton Center for Constitutional Litigation. "An attorney's fees award could have destroyed the ability of citizens to challenge unconstitutional government action." Last month 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 filed a friend-of-the- court brief in support of the Goldwater Institute. ACLPI attorney Tim Hogan argued in the brief that an attorney's fees award would have a "chilling effect" on public interest litigation of all types. Judge Miles referenced that point several times throughout today's argument and used it as part of his rationale for denying the fee requests. The Goldwater Institute lost the opening roun d of its case in April and has already appealed to the Arizona Court of Appeals. The Goldwater Institute will pay costs associated with court filings, a standard practice, which amount to about $3,500. The Goldwater Institute is a research and litigation organization whose work is made possible by the generosity of its supporters. Those who want to support the Institute's work may click here to make a tax-deductible contribution. Contact: Starlee Rhoades Vice President of Communications srhoades@goldwaterinstitute.org (602) 462-5000 x 226 Contact: Clint Bolick Director, Center for Constitutional Litigation (602) 462-5000

Oro Valley Neighbor John Musolf Offers Facts About GOVAC

We received the following email from our neighbor John Musoff. It is worth your reading:

The Days Of Oro Valley Being A "Cash Cow" May Be Over

John Musolf

Oro Valley Resident and Taxpayer

OV Objective thinker states: “Please keep in mind that the term "Oro Valley being a Cash Cow" is an Art Segal term and should be afforded the same weight as his other personal opinions. There is no substance, no figures to support the claim, just his own empty rhetoric”.
OV Objective thinker needs to do a little research before making comments. Historical information On The Town of Oro Valley Contributions to GOVAC:
05-06: $180,000
06-07: $110,000
07-08: $110,000 plus $60,000 emergency funding
08-09: $210.000 proposed

There was an article “Arts in “dire” straits” published in the Explorer on December 31, 2007. President Satish Hiremarth commented that the Greater Oro Valley Arts Council (GOVAC) has supported the quality of life in arts and culture in Oro Valley for the last ten years. The article stated that “Corporate donations, which according to the group’s tax statements have been on the rise, make up another sizeable portion of the group’s budget”. However, one of the comments made by GOVAC at the Town of Oro Valley Council study session on December 12, 2007 was that deficits might grow larger because some corporate donations have recently been reduced because of economic conditions. For example, Wells Fargo had reduced their donation by 50% to a recent GOVAC “event”.

Does GOVAC mean to imply that the government and its taxpayers are not affected by economic conditions and can make up any GOVAC shortfalls? Oro Valley taxpayers are being asked to continue to increase their contributions as deficits grow. GOVAC is looking to Oro Valley to increase its contribution from $110,000 to $210,000.

It also became public at the December 12, 2007 study session that GOVAC had already received an advance draw for the third quarter and was asking for an advance on the 4^th quarter. Instead of paying GOVAC executive directors up to $50,000 per year, the money would be better spent on some professional accounting and audit support to prudently learn how to budget and balance both revenue and expenses and live within reasonable parameters (a sound business basis).

According to GOVAC’s executive director, Kate Marquez, most events are planned with deficits expected! “We have so many programs that don’t generate revenue,” Marquez said.

Only about 20 percent of GOVAC’s 47 annual events earn money, according to Marquez. At the December 12, 2007 study session, the mayor Has GOVAC furnished this?

A Second Explorer News Article: “Arts Council Gets Emergency Funding” published in the Explorer, March 12, 2008 states: ”The Greater Oro Valley Arts Council will receive $60,000 in additional funding from the town on top of the $110,000 the group received for the fiscal year, which began last July 1.

The group had requested the emergency cash after releasing documents showing a $59,000 budget shortfall for the year.

Group leaders said that the financial troubles stemmed from increasingly adding new programs for the community, while not securing enough money for them”.

In my opinion, the “story” behind the story is that GOVAC had committed money in verbal or written contracts to group or individual performers and spent advertising dollars and bought materials for the new programs or events. If the programs or events had been cancelled GOVAC would be legally liable for the expended or committed money.

As I have stated in the past,instead of paying GOVAC executive directors up to $50,000 per year, the money would be better spent on some professional accounting and audit support to prudently learn how to budget and balance both revenue and expenses and live within reasonable parameters (a sound business basis). I would like to add that GOVAC should also seek professional support in the legal area to prevent potential liabilities and have to seek emergency funding.

Does GOVAC want the TOV government and its taxpayers to make up any GOVAC emergencies? With many citizens having to choose between food and gas in these recessionary times I believe a little belt-tightening is in order to lighten our tax burden.

At the OV meeting on September 12, 2007, President Satish stated that it might be possible that GOVAC would go deeper into deficit and may have to go into bankruptcy in January 2008 unless 4^th quarter funds could be drawn in advance from the Oro Valley budget to continue operating. Evidently, the two commenters: "boobie-baby" and "OV Objective Thinker" would like the taxpayers to continue to support an organization teetering on the brink of bankruptcy (GOVAC words, not mine). GOVAC does not support sound budget business practices.

The Explorer in their newspaper on March 12,2008 there was a full page on page 11 touting the “ Comcast Southern Arizona Arts and Cultural Festival, March 29-30, at the Pima Community College Northwest Campus. One of the major sponsers was GOVAC. An Oro Valley resident has to wonder how much of their taxes were committed to that festival event which is not even held in the Town of Oro Valley? Lastly, in my personal opinion, if you want to comment on public articles you should have the courage to publish your names as I do on every letter or email that I send. It's easy to hide behind email names.