No ballot vote for Marana data center after court backs town clerk’s decision

Marana voters will not have the opportunity to vote on a proposed data center following a Pima County judge's ruling that upheld the Marana Town Clerk's decision to reject two referendum petitions. The petitions, submitted by Marana citizens, aimed to challenge the Town Council's unanimous January approval of rezoning two agricultural parcels for data center use. The clerk had cited a lack of correct rezoning ordinances and legal property descriptions as the reason for the initial rejection. Jackie McGuire, a Marana resident and plaintiff in the case, voiced disappointment with the court's decision, emphasizing the opposition's commitment to continuing their fight for the town's future control. The judge also affirmed the Town Clerk's refusal to permit "Arizonans for Responsible Development," a political action committee, to withdraw their petitions after submission, citing state law that prohibits such withdrawals post-filing. In a related development, Fremont Peak Properties, the developer for two proposed data centers in Pima County and a subsidiary of Beale Infrastructure, had sued the Town of Marana in March. Their lawsuit sought to compel the town to accept the withdrawal of the petitions. However, the judge denied Fremont Peak Properties' request, concluding the consolidated oral arguments heard on April 27th. This ruling effectively clears the path for the data center development by preventing a public vote on the rezoning.