Moore v. City of Chandler

713 P.2d 325, 148 Ariz. 124, 1985 Ariz. App. LEXIS 774
CourtCourt of Appeals of Arizona
DecidedOctober 3, 1985
DocketNo. 1 CA-CIV 7114
StatusPublished
Cited by3 cases

This text of 713 P.2d 325 (Moore v. City of Chandler) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Moore v. City of Chandler, 713 P.2d 325, 148 Ariz. 124, 1985 Ariz. App. LEXIS 774 (Ark. Ct. App. 1985).

Opinion

FROEB, Judge.

This suit involves the boundary lines of an improvement district, the alleged dilution of appellant’s statutory protest rights within the district, the claimed disparity in apportioning assessments within the district, and the “front-end assessment” method utilized by the City of Chandler pursuant to A.R.S. § 9-686(C), as amended.

On February 14, 1980, the Chandler City Council passed a resolution of intent to improve Alma School Road

from the Western Canal to a point 300 feet south of Knox Road by the construction of paving, curbs, gutters, sidewalks, irrigation facilities, storm drain facilities, construction of connecting pavement at the following intersections: Knox Road from the monument line of Alma School Road 100 feet east____

Because the city council found the improvements would be of “more than local or ordinary public benefit, and is of special benefit to the real property hereinafter described ...”, it declared that the improvements planned would be chargeable to an “improvement district.” See A.R.S. § 9-673(B).

Improvement district number 44 was divided into two zones, zone one (the northern zone) and zone two (the southern zone) for assessment purposes. The east and west boundaries of zone one extended farther east and west than did the boundaries of zone two, resulting in a geographically wider zone. Alma School Road extends from the northern to southern boundaries of the improvement district and basically centers both zones. Appellant’s property is situated on the northeast corner of Alma School and Knox Roads in zone two.

Appellant protested the establishment of the improvement district and the method of assessment of the properties within the district. The Chandler City Council overruled appellant’s objections at a March 27, 1980, city council meeting. The city council calculated that less than “51% of the frontage filed a formal protest” and therefore found that the protests filed were insufficient to prohibit the establishment of the improvement district. The city council passed Resolution 868 ordering the improvements to district 44. See A.R.S. § 9-678.

Pursuant to an amendment effective April 22, 1980, A.R.S. § 9-686 stated that the superintendent of streets could make assessments on affected properties “[a]t any time after bids [had] been received for [126]*126the construction of the work____” A.R.S. § 9-686 had previously provided that assessments could be made only after the contractor had satisfactorily completed the improvements. On July 8, 1980, the same day the city entered into construction contracts concerning the improvements, the assessments on improvement district number 44 were recorded and appellant was assessed a base assessment of $37,780.51.

In its “Statement of Assessment Policy” the city stated that assessments in zone one were calculated on a “net acreage” basis pursuant to private agreements signed by developers and property owners within that zone:

The term “net acreage” is defined as follows: the amount each owner’s land bears to the total land in Zone No. 1. The amount for each subdivision within Zone No. 1 was further refined by dividing the total amount assessed for such subdivision by the total number of lots within the subdivision; the resulting quotient being assessed against each lot within the subdivision____

Assessments in zone two were based on a “frontage true cost basis” which is “the actual cost of constructing the improvement adjacent to the subject property determined from the unit cost bid by the contractor.” Properties in zone two which did not front on Alma School Road were assessed $.01.

Appellant again protested to, among other things, the establishment of the improvement district and the method of assessment utilized by the city. After work on the improvements had been completed, a hearing on the assessment was held by the city council on June 17, 1981, and final assessments were adjusted accordingly. See A.R.S. § 9-687.

At the hearing, the assessment of the improvement district was submitted for the approval of the city council. Objections, including appellant’s, were presented to the council. Appellant’s objections were overruled and the assessments as made were “confirmed and approved” as reflected in Resolution 968.

In a special action to the superior court, appellant sought a permanent injunction to prevent the city from “taking any further action to implement the resolution of intention passed by [the city council] on February 14, 1980, being Resolution No. 857____” The court dismissed appellant’s complaint, following a hearing, and found that the assessment of his property was “in all respects a fair, logical and rational application of assessment procedures authorized by Arizona law____” Appellant’s motion for new trial was denied and this appeal followed.

Were the boundaries of the improvement district valid?

Appellant’s first argument concerns the formation of the improvement district’s boundaries.

There are three classes of municipal improvements: First, one of practically equal benefit to the entire city. The cost of this cannot, of course, be charged against specific local property, but must cover the city as a whole. In the second class, the benefit is presumably only to the immediately abutting property, and in such case the cost may properly be assessed to that property only. A third and intermediate class, however, frequently arises where the improvement is of less than city-wide but greater than strictly local benefit. In such case the law very properly provides that a district may be established and the property in such district be assessed in proportion to the benefit derived therefrom, even though some of it does not abut on the proposed improvement. (Emphasis added)

Mosher v. City of Phoenix, 39 Ariz. 470, 480, 7 P.2d 622, 626 (1932).

Arizona Revised Statutes also provide for the establishment of an improvement district. A.R.S. § 9-673(B) states:

When the proposed improvement, in the opinion of the governing body, is of more than local or ordinary public benefit, it [127]*127may order the expense of the improvement chargeable upon a district____

In the present case, the east-west boundaries of improvement district number 44 were defined by the city to include properties in zone one which were subject to the Dobson-Hoopes Agreements. These agreements were binding upon owners of property in the Dobson-Hoopes area.

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Cite This Page — Counsel Stack

Bluebook (online)
713 P.2d 325, 148 Ariz. 124, 1985 Ariz. App. LEXIS 774, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-city-of-chandler-arizctapp-1985.