INSIDE TUCSON BUSINESS: Mon., Feb. 27, 2006
Diamond Ventures appeals Smith Ranch decision
Saying that the facts support their position, Tucson-based Diamond Ventures will be appealing a Cochise County Superior Court decision to accept a referendum petition calling for a public vote on rezoning the 2,100-acre Smith Ranch for residential development.
The company is seeking to overturn Superior Court Judge Stephen Desens decision to accept an initiative petition by Citizens for Rural Values. In making the ruling, the judge accepted the argument that the group met the time limit for appeals by filing less than a month after the May 10 Cochise County Board of Supervisors.
He rejected a lawsuit, filed by the developer, which noted that the original zone change for the property, near Benson, was granted on April 5. Desens said that since the original minutes were revised and re-approved at the May 10 meeting, the deadline for appeal was automatically extended to June 10.
Diamond Ventures' Executive Vice President Ken Abrahams said the appeal will be filed during the next few weeks. “Diamond Ventures remains committed to creating a quality, vibrant master-planned community that will create lifestyle opportunities and strong economic benefits for area residents to enjoy for many generations.”