Following defeats in Maricopa County Superior Court and the Arizona Court of Appeals, Citizens for an Alternate Route (CFAR) is attempting to take its case to the Arizona Supreme Court.
On April 24, 1998, CFAR filed suit against Yavapai County, seeking to force the County to rebuild Red Rock Crossing, which had been washed out during the floods of 1978.
Presiding Maricopa County Superior Court Judge Robert D. Myers dismissed CFAR’s case on October 23, 1998.
CFAR appealed his ruling to the Arizona Court of Appeals, where a three-judge panel unanimously upheld Judge Myers’ decision on November 26, 1999.
CFAR President Ivan Finley then announced his group’s intention to appeal to the Arizona Supreme Court. Subsequently, CFAR attorney Cameron Artigue filed a petition for review with the Court on December 27, 1999.
Arizona Center for Law in the Public Interest staff attorney Jennifer B. Anderson responded by filing a cross-petition for review on January 18, 2000 and a response to CFAR’s petition for review on January 31, 2000. The Center represents the Sierra Club.
"The Arizona Supreme Court only accepts about five percent of the appeals presented to it for review," explained Anderson, "so the odds are against the Court actually hearing the case. If the Supreme Court does decide to reexamine the appeals court ruling, a hearing date may be set for later this year. If it declines to accept the case, the appeals court decision will stand."
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