PHOENIX — The town of Marana acted illegally in putting the entire cost of an upgrade to its sewage treatment plant on future development, the Arizona Supreme Court ruled Tuesday.
In a unanimous opinion, the justices acknowledged that increasing the capacity on the plant and improving the quality of the discharge will help ensure the town can accommodate future development. That includes guaranteeing the legally required assured 100-year supply of water for new subdivisions.
But Justice Clint Bolick said it’s also clear the upgrade will benefit the entire community. And that, he said, made it unfair — and illegal — to put the $17.5 million cost entirely on new homes.
