We ran a story a few weeks back about a developer in Marana that is full on in the middle of an environmental night mare. Read the original post HERE.  At issue in today’s paper is whether or not ’30 days to turn in your signatures’ to the issue on the ballot actually means 30 days or would 31 days be o.k.  Keep an eye on this one. If the court upholds their opinion not to allow the public vote to be counted the enviro’s will go to plan ‘B’.  For plan ‘B’ click HERE and read another saga going on between the County/City and SDCP.

Development referendum on ballot; votes won’t count
By Shelley Shelton
ARIZONA DAILY STAR
Tucson, Arizona | Published: 02.12.2009

A referendum on whether a Marana housing development in an environmentally sensitive area can move forward as planned is on the town’s March primary ballot, but none of the votes on the issue will count.
“At this point, there is no referendum for the primary election,” said Gilbert Davidson, Marana town manager.
The developer has been wrangling in court for more than a year because it says the petition that led to the referendum was filed two days after the 30-day deadline for such petition drives.
The 30-day deadline fell on a Saturday, when town offices were closed, so the town set the deadline for the following Monday.
Lawyers for the developer, Red Point Development, have argued that state law allows a petition deadline to be extended only if the original deadline falls on a Sunday or a holiday.
As of December, it looked like the referendum would move forward, and it was set to be placed on the ballot.
But two weeks ago on Jan. 27, Peter J. Eckerstrom, presiding judge for the Arizona Court of Appeals, reversed that decision but didn’t say anything else about it.
Meanwhile, the ballots had already gone to the printer, so the referendum is on them even though the votes won’t be tallied.
“All we have now is the ruling that the lower court was reversed,” said Carolyn Campbell, executive director of the Coalition for Sonoran Desert Protection, which is one of the development plan’s opponents. “We don’t know what points the court reversed on.”
Opponents are concerned that the rezoning approved by the Marana Town Council in October 2007 — allowing for up to 311 homes on 133 acres on the east side of Interstate 10, north of West Cortaro Farms Road — could do extensive damage to Hardy Wash, which runs east through the property.
The group still hopes to appeal to the Arizona Supreme Court in time to get the issue on Marana’s May general election ballot, Campbell said.
It’s unclear when the deadline for such an appeal would be, said Larry Kreis, general manager for Red Point.
Technically, the law says the plan’s opponents would have 10 days after a decision is rendered to file an appeal.
But because the judge hasn’t released the details of his ruling, it’s possible the clock hasn’t started on that yet.
Campbell said a Monday phone call between the judge and all the parties’ attorneys indicated there’s not a timetable in place.
Meanwhile, Kreis said the development company is moving forward with the process that developers must go through with the town.
The rezoning was just the first part, he said.
Some of the environmentalists’ concerns have been addressed in discussions that were happening while the court case was pending, and other concerns will be raised in the planning and zoning process, he said.
Because of the economy, nobody is in a big hurry to go and start building anything anyway, Kreis said.
● Contact reporter Shelley Shelton at 618-1921 or sshelton@azstarnet.com