Additional Legal Actions Anticipated After Majority Of Scottsdale City Council, Not Voters, Attempts To Greenlight Second Largest Multi-Family Housing Project In City History
(Scottsdale, Ariz.) The fight against Axon’s assault on democracy and frustrated Scottsdale residents isn’t going away despite a recent 4 to 3 Scottsdale City Council decision to approve the second largest multifamily housing project (1,200 units) in city history as well as undermining efforts to challenge the controversial rezoning in court and with the scheduled city-wide vote in November 2026!
TAAAZE (Taxpayers Against Awful Apartment Zoning Exemptions) which collected nearly 30 thousand signatures last fall to challenge Axon’s apartments, is still pursuing a lawsuit against SB1543 also known as the “Axon Bill” which put certain rezoning decisions beyond the reach of voter challenges, including last year’s lame duck Scottsdale City Council vote to approve 1,900 units near Hayden and the 101. The first hearing on the state law is set for late January. Scottsdale’s approval is based on the state law. If it is found unconstitutional, Scottsdale’s Axon approval is meaningless.
This year Scottsdale City Council Members Adam Kwasman, Mary Ann McAllen, Solange Whitehead, and Mayor Lisa Borowsky voted yes on a memorandum of understanding (MOU) with Axon that approved 1,200 multifamily units. The city also agreed to abandon litigation against SB1543 as well as rescinding the previous zoning decision on Axon. And at a time of drought the council majority actually released Axon of its obligation to provide water for its project.
They claim Axon will build 600 apartments and 600 condominiums yet included no language in the MOU or secured Axon agreement otherwise, meaning without such language and agreement the mega Borowsky led approval is for 1,200 apartments.
Council Members Barry Graham, Jan Dubauskas, and Kathy Littlefield voted against the Axon apartment scheme.
TAAAZE has no plans to abandon the lawsuit against SB 1543 and is exploring other legal options to prevent Axon from building 1,200 multifamily units in Scottsdale, an area already dealing with massive traffic problems.
TAAAZE Chairman and former Scottsdale City Councilman Bob Littlefield said, “Axon can’t be trusted. But they can be challenged in court and at the ballot box despite any sweetheart deals they made with some members of the Scottsdale City Council or the Arizona Legislature. Let me make this clear, TAAAZE is unfazed. Our fight continues. Because if this is allowed to happen in one neighborhood, then no neighborhood in Arizona is safe from bad actors like Axon. They took away Scottsdale’s constitutional rights and rather than defend them with a council majority, actually submitted itself to the corporation that did so.”
While Axon claims there is a need for housing among its employees, there are some 10,000 apartments under construction or approved within 5 miles of this site.
One of the actions being considered is one against the city for violation of their respective gift clauses.
Axon bought the site from the Arizona State Land Department for $50 million. But a subsequent appraisal by the State Land Department showed that with the apartments the value of the land skyrocketed to more than $150 million. Proceeds from such State Land Department sales are supposed to go to Arizona schools. There are no records indicating Axon has paid the state of Arizona a fair amount to compensate for this bait and switch, which could lead to litigation under Arizona “Gift Clause” statutes.
Littlefield added, “We are looking at any and all legal options. The state law now being challenged is clearly unconstitutional and we are encouraged by the council’s recent actions to bring additional claims to ensure Axon doesn’t enrich itself anymore at the expense of state and city taxpayers.”