Court denies motion to dismiss condemnation suit
by Kathleen Stinson

CAVE CREEK – Global Water Resources’ motion in Superior Court to dismiss the town’s condemnation lawsuit against the company has been denied.

In filing its motion, Global claimed Cave Creek violated Arizona’s Open Meeting Law in authorizing the suit against Cave Creek Water Co., a subsidiary of Global.

Judge Colin Campbell last week denied Global’s motion “on the merits, rather than on  procedural grounds,” offering no further information in the Court’s order, said Marvin Cohen, Cave Creek’s attorney. The judge did not render a decision on Global’s claim related to the Open Meeting Law.

The lawsuit is currently in the discovery phase will continue in the courts. 

During oral argument, Global attorney Martin Aronson said, “All of this is very important, not minor. The legislature made a judgment that (violation of the Open Meeting Law) is harmful to the democratic process. This is the public policy of the state.”

Global contended Cave Creek Town Council failed to give the public notice that it might vote on filing the lawsuit at the meeting in which the condemnation action was approved.

Cave Creek filed the condemnation suit in 2005 in an effort to acquire Cave Creek Water after failing to purchase the company and it was bought by Global.

Reach the reporter at kathleen@thedesertadvocate.com.