Judge dismisses EVIT lawsuit on 2011 lease agreement

The Maricopa County Superior Court issued a ruling in favor of Adelante Healthcare, a community health center on the East Valley Institute of Technology Main Campus, and Mesa Medical LLP in a case brought by EVIT regarding the long-term lease for the facility.

“We welcome this decision, as it lets us remain focused on what we do best — delivering outstanding health outcomes for the people and communities we serve,” Adelante CEO Pedro Cons said in a statement. “Adelante looks forward to putting this matter behind us and working collaboratively with EVIT to carry on our institutions’ important collective health and education missions.”

The court ruling entered Aug. 12 allows Adelante Healthcare to continue serving, as it has since the Mesa location’s opening in 2012, as a resource for Mesa residents and a training ground for future health care professionals. Since 2020 alone, the facility has provided more than 50,000 patients with health care services across 331,000 visits, according to the statement.

The lease was entered nearly 14 years ago with a for-profit Canadian company without a requisite public vote from the school board or the public. EVIT, a public school, is attempting to get taxpayers fair market value for use of the land, according to a statement from EVIT on the judge’s decision.

The EVIT governing board will decide whether to appeal the judge’s ruling, which was based on what the court considered statute of limitation issues. EVIT’s attorneys believe there is a reasonable path to an appeal as the legality of the lease, which is still active, is the at the center of the dispute as opposed to any building or construction issues, it states.

Last year EVIT’s current leadership learned its former superintendent entered into a deal in 2011 to lease 2.3 acres of land on EVIT’s campus to Adelante Healthcare and a subsequent assignment of that lease to Mesa Medical.

The taxpayers receive $2,700 a month from Mesa Medical, which constructed a medical facility on the site. Mesa Medical charges Adelante $62,000 a month, it says in the EVIT statement.

“We are not challenging the construction nor are we seeking to evict anyone,” said EVIT Superintendent Dr. Chad Wilson said in a statement. “Our issue is a lease that remains active, and ongoing payments, which may violate the Arizona Gift Clause. Our priorities are following the law and making sure taxpayers are fairly compensated for use of public resources. We are looking at legal options that will allow us to move forward on these priorities. Our district’s taxpayers are being greatly shortchanged. That has to stop.”

EVIT reported in September 2024 an internal review discovered a lease signed in 2011 may have resulted in the school not being paid fair market value for rent while a third party may have made millions of dollars on the deal. The review found the lease for Adelante Healthcare, a community health center on the EVIT Main Campus, 1601 W. Main St. in Mesa, signed by previous EVIT administration in 2011, may not have been approved by the EVIT Governing Board as required by law, EVIT said at the time.

EVIT provides high school and adult students with advanced skills and training needed to thrive in today’s competitive job market. Go to https://www.evit.edu.