Controversial Surprise housing project moves forward
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.