Cave
Creek may have violated open meetings law
by
Kathleen Stinson
CAVE
CREEK – Global Water Resources claims the Town of Cave Creek
violated Arizona’s open meetings law before filing its condemnation
suit to acquire Cave Creek Water Co., a Global subsidiary.
Global
in late August filed a Motion for Summary Judgment in Superior
Court seeking dismissal
of the condemnation action, claiming Cave Creek’s notice
of public meeting at which town council voted to institute
the suit did not clearly state a vote on the matter could
be taken, but only mentioned a possible acquisition of the
water company, according to Paul Walker, spokesman for Global.
Walker
also said Cave Creek violated its own code which requires
the town hold two public hearings detailing its intentions
before taking legal action.
“Global
is throwing roadblocks out there, trying everything to frustrate
us, but it won’t work,” said Cave Creek Councilwoman Grace
Meeth.
According
to Andrea Esquer, spokeswoman for the state Attorney General’s
Office, no complaints have been filed alleging the town
may have violated the state’s open meetings law.
The
AG’s Office will not begin an investigation unless it receives
a complaint, Esquer said.
Cave
Creek filed the condemnation suit last year after failing
to buy the water company and it
was unexpectedly sold to Global. Town officials have said
the condemnation is for the purpose
of gaining control over water services.
Marvin
Cohen, the town’s attorney, said, “We think the motion is
not well‑taken.”
Town
council recently held two hearings in which council’s action
in filing the condemnation was ratified. If the case is
dismissed pursuant to Global’s recent motion, the town also
authorized a refiling of the suit, Cohen said.
Asked
for comment on the matter, Town Manager Usama Abujbarah
said, “It is our goal to provide water services to the community.”
He added that it is urgent the town prevail in its condemnation
of Cave Creek Water, given the town has now purchased
Desert Hills Water Co.
