The Arizona Republic

Controvers­ial Surprise housing project moves forward

- Corina Vanek Arizona Republic USA TODAY NETWORK Reach the reporter at cvanek@arizonarep­ublic.com. Follow her on X, formerly Twitter: @CorinaVane­k.

A yearslong fight over a proposed affordable housing complex in Surprise is over, after the Arizona Supreme Court declined to hear the case, brought on by neighbors who had attempted to force a referendum on the issue.

The ruling means affordable housing developer Dominium can now build its planned 46-acre-developmen­t near Cotton Lane and Waddell Road. It will include up to 601 apartment and townhome units across two different developmen­ts, one for families and one for senior living.

“Dominium remains committed to bringing this much-needed housing to Surprise and are happy with the recent court decisions,” Sarah Shambrook, Dominium government relations manager, said in a statement.

“We’ve continued to work with the City of Surprise throughout this process and are planning to close on the properties this summer and start constructi­on immediatel­y thereafter, with residents

moving into their new homes in 2026,” she added.

Plan narrowly approved in 2022

In 2022, the Surprise City Council voted 4-3 to approve a preliminar­y developmen­t plan for the project.

A group of residents, called Voice of Surprise, had collected signatures challengin­g the Surprise City Council’s narrow approval of the developmen­t.

The group sued the city over the case, but in late 2023 the Arizona Court of Appeals

determined that the council’s approval of the change to allow the preliminar­y developmen­t plan was administra­tive, not legislativ­e, meaning it was not subject to a referendum. By declining to take up the case, the Arizona Supreme Court essentiall­y agreed.

Opponents call decision a slight to residents

All rezoning cases in Arizona are “legislativ­e,” meaning they create a policy that will be applied in the future. The role of City Council members is to make a decision based on a subjective review of the case, specific to that case. All legislativ­e decisions in Arizona are subject to referendum.

However, the Dominium case was not a rezoning. After facing opposition to a proposed rezoning, Dominium altered its plan and proposed something that could be built in with the existing zoning rights, a Dominium representa­tive said in 2022, after the project was approved by the council.

Tim La Sota, the attorney representi­ng Voice of Surprise in the suit, said the decision is a blow to government transparen­cy and respecting the will of citizens.

“It is a significan­t diminution of ballot measure rights,” La Sota said.

La Sota said by allowing a significan­t change to be classified as an administra­tive decision, it opens the door to municipali­ties making major changes to land use without an opportunit­y for the public to exercise any legal challenges.

 ?? PROVIDED BY DOMINIUM ?? An artist’s rendering shows the proposed senior living portion of the Truman Ranch Marketplac­e developmen­t that is planned in Surprise.
PROVIDED BY DOMINIUM An artist’s rendering shows the proposed senior living portion of the Truman Ranch Marketplac­e developmen­t that is planned in Surprise.

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