Quote:
Originally Posted by ASU Diablo
From the AZ Central article posted above...let's see what happens.
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I just gave myself a quick refresh on Gift Clause litigation:
The
AZ Supreme Court decided a Gift Clause case in 2021 that was a big win for Goldwater. Though not expressly a GPLET case, it dealt with similar economic development issues, in this case with Peoria. The Court basically said to pass muster under the Gift Clause, the governmental benefits must be for a "public purpose," and give "sufficient consideration" for the benefit. Public purpose is still somewhat broad. But "sufficient consideration" is a high bar, interpreted as being basically quid pro quo, and cannot include, for instance, indirect economic impacts. So courts will take a legitimate look at what the public is getting back in exchange for a GPLET and determine if it is sufficient.
The ASU/Omni case from last year was also a win for Goldwater, though more procedural. ASU/Omni had won at the court of appeals, by the AZ Supreme Court overturned the dismissal in favor of ASU/Omni, and sent the case back to the trial court.
The case was settled and dismissed a couple months ago, assumedly because Brnovich (who is no longer AG and was driving the litigation) was replaced by Kris Mayes.
Goldwater's
current GPLET lawsuit against the City concerning Skye on 6th was just argued last Friday on summary judgment. No ruling yet that I can see, but I assume that will be closely watched as a bellwether for how an anticipated Astra lawsuit might go.