Supreme Court rebuffs El Mirage appeal

Glendale strip annexation stands

September 26, 2008 - 7:26 AM
Daily News-Sun

The Arizona Supreme Court this week denied a request from the city of El Mirage to reverse a decision by the Arizona Court of Appeals upholding Glendale's strip annexation of 40 square miles in the 1970s.

"The City of El Mirage is extremely disappointed with the Arizona Supreme Court's decision not to accept our case," said Mayor Fred Waterman. "Once again, the Arizona legal system has allowed the politics of Luke Air Force Base to trump Arizona Revised Statute."

The parcel in question was annexed in the 1970s, when strip annexation was legal under state law. It was outlawed later but not until some cities staked boundaries.

Surprise, Goodyear, Glendale and El Mirage share boundaries with the disputed land.

El Mirage first appealed a previous ruling in November 2006, alleging Glendale's strip annexation three decades ago was illegal because Glendale violated the Opening Meetings Law. A superior court judge, however, ruled in favor of Glendale.

The city of El Mirage then appealed to the Arizona Court of Appeals, which denied the claim.

El Mirage officials were looking at land south and west of their current borders to build the commercial and office space they say the city lacks. It would provide a boost to the city's coffers through sales taxes, which are the primary sources of income cities use to run their day-to-day operations.

Glendale officials have said the annexation was done properly, and the actions of the council at that time were consistent with state law. They also say, according to their research, the meeting was properly noticed in 1978, and there were advertisements and announcements about the pending annexation following approval by the council.