The Scottsdale City Council will vote May 6 on whether to hire outside legal counsel to challenge a recently signed state law affecting development plans for a proposed Axon corporate headquarters.
The state law cancels a public election on a zoning change needed for the project. A citizen group had successfully petitioned to require the vote after the city council previously approved the plan.
The vote on May 6 will consider approving a contract with attorney Dominic Draye of Greenberg Traurig. Draye previously served as Arizona's Solicitor General and specializes in constitutional law.
Under the proposed contract, Draye would analyze the new state law, SB1543, and provide legal recommendations to the city regarding potential legal claims.
The Axon project, planned near Hayden Road and Loop 101, includes commercial space, a hotel, and nearly 2,000 apartment units. While developers cite economic benefits, the density of the residential component has been a primary concern for residents.
The council had approved the project last year, but the citizen petition halted the zoning change until a public vote could be held. The recently enacted state bill removed the requirement for that vote.
The state's action to bypass the local referendum has prompted the city to explore its legal options.
"There is certainly a legal argument to be had about the constitutionality of the bill," Scottsdale Mayor Lisa Borowsky said. "The bill is very detrimental to Scottsdale and to other communities impacted by it."