
Arizona appeals court upholds rejection of Marana data center referenda
The Arizona Court of Appeals upheld the rejection of referendum petitions challenging zoning approvals for a proposed data center project in Marana. The ruling leaves the Marana Town Council’s approvals in place because the petitions used incomplete zoning ordinances and failed to meet state legal requirements.
The Arizona Court of Appeals, Division Two, unanimously upheld the rejection of two referendum petitions opposing zoning approvals for a proposed data center in Marana. The petitions contained incomplete copies of the relevant ordinances, including missing exhibits with legal descriptions of the affected properties and information about associated water rights.
The decision affirmed a Pima County Superior Court ruling and left the Marana Town Council’s January approvals in effect. Although the town clerk initially provided the incomplete documents, the court held that referendum proponents remained responsible for strict compliance with Arizona law. The court also ruled that only individual voters, rather than the referendum committee, could withdraw petition signatures. The Arizona Chamber of Commerce & Industry participated as an amicus curiae, with Chief Counsel Vanessa Pomeroy describing the decision as important for consistent enforcement of referendum requirements.