Court rules council members and spouses remain defendants
by Barry Cohen

CAREFREE – A federal court  on Sept. 29 denied the claim by Carefree council members and their spouses that they should not be included as defendants in developer Michael Peloquin’s federal lawsuit against the town.

In July 2005, Peloquin’s company, Phoenix‑based G.P. Properties, requested damages of an unspecified dollar amount in a federal action against the town, council members and their spouses over the denial of a special use permit.

Peloquin needs the permit in order to build a 156‑room resort hotel on 11 acres at the northwest corner of Tom Darlington Drive and Carefree Highway. The land is zoned residential, and residents have voiced strong opposition to the project.

Regarding the Maricopa County Superior Court case in which Carefree is the plaintiff, Judge Michael D. Jones will hear oral arguments Nov. 14 on the most recent motions filed by the parties in their six‑and‑a‑half‑year legal battle.

Carefree had asked the court to vacate an earlier decision by Superior Court Judge Anna Baca that went against the town. Peloquin opposed that motion and asked for sanctions against the town and its law firm, Mohr, Hackett, Pedersen, Blakely & Randolph. Carefree, in turn, then asked the court to dismiss the case, vacate the court’s earlier orders and stated that no sanctions are warranted.

Peloquin filed a response in opposition to the town’s latest motion, and the parties await their November appearance in court.

Reach the reporter at barry@thedesertadvocate.com.