MARANA, Ariz. (KGUN) — A legal battle is underway relating to a proposed data center in North Marana. Two separate lawsuits have been filed by different parties regarding referendum petitions that could make it possible for voters to decide if they want a data center in their town.
The decision of whether to rezone roughly 600 acres of land for a data center has been met with a lot of controversy.
The land is located near the Arizona Veterans’ Memorial Cemetery at Marana and is made up of two plots of land adjacent to one another, each about 300 acres.
The town council unanimously approved the rezoning of the land earlier this year, but some have continued to push back.
READ MORE HERE | Data center moves forward: Marana Town Council approves land rezoning
Arizonans for Responsible Development, which is sponsored by Worker Power, a group out of Phoenix, collected thousands of signatures to try to put the issue on the ballot.
MORE HERE | Land rezoning for proposed data center in Marana could go to voters
According to the Town of Marana, each petition had about 2,800 signatures – 1,360 were required.
The referendum petitions were submitted to the town on February 4, but on February 17, a representative for Arizonans for Responsible Development requested to withdraw them, citing a failure to comply with state statute concerning the circulation of the petitions.
However, the town says it cannot withdraw the petitions once filed.
The town rejected the petitions, stating they did not include the legal description of the involved properties required for zoning ordinances.
A few Marana community members have challenged that – filing a lawsuit against the town and its clerk. They claim the petitions did include a legal description of the properties that satisfies the requirements.
Jackie McGuire, one of the residents behind the lawsuit, says the exact copy of the ordinances provided by the town clerk was used.
She sent a statement to KGUN 9 saying in part, “The town added additional two-page property descriptions more than a week after providing the ordinances, and did not notify the Petitioners, an error the Town of Marana has acknowledged.”
This isn’t the only legal action being taken. The group behind the proposed data center - Fremont Peak Properties, which is a Beale-Infrastructure-owned company – filed its own lawsuit on Wednesday, calling into question the town’s decision not to let the petitions be withdrawn.
They sent KGUN 9 a statement saying in part, “Beale Infrastructure has been and will remain a long-term partner to the Town of Marana. We are hopeful we will reach a quick resolution on this matter so we can continue our work in bringing this project and its benefits to the community.”
The Town of Marana sent KGUN 9 a statement saying they are aware of both lawsuits. The statement says in part, “We want our residents to know that we take this very seriously and are dedicated to transparency and respect for the legal process.”
KGUN 9 reached out to Worker Power for comment, but we haven’t heard back yet.
RELATED | Marana rejects downtown project referendum petition; group behind the petition files lawsuit
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Madison Thomas joined KGUN 9 in July of 2023 as a multimedia journalist. She graduated from Arizona State University in May of 2023 with a degree in journalism and mass communication. She has lived in Arizona her entire life and grew up in Douglas. Madison is thrilled to share the stories from the community she grew up in. Share your story ideas and important issues with Madison by emailing madison.thomas@kgun9.com or by connecting on Instagram, Twitter or Facebook.
