Home Builders Ass'n v. City of Scottsdale

OPINION

WEISBERG, Judge. '

The City of Scottsdale appeals from a trial court ruling that Scottsdale Ordinance 1940, imposing a water resource development fee upon new developments, violates Ariz.Rev. Stat.Ann. (“A.R.S.”) section 9-463.05. Because we hold that a municipality’s factual determination should be upheld unless clearly erroneous, arbitrary, and wholly unwarranted, we reverse the trial court and, for other reasons discussed below, remand for further proceedings consistent with this opinion.

FACTS AND PROCEDURAL HISTORY

In 1980, the Arizona Legislature passed the Groundwater Management…