Motion for summary judgment seeks to quash referendum on Graham Supervisors’ zoning decision

The NatureSweet greenhouse complex in Bonita. - Google Maps

PHOENIX — The attorneys challenging a referendum that seeks to overturn a Graham County Board of Supervisors’ zoning decision have filed a motion to eliminate 12 more signatures from the petitions.

The motion for summary judgment on the basis that the 12 signers do not appear on the Graham County voter rolls at the time of signing was filed April 12.

If the court finds for the persons challenging the petitions — Shane Jones and Victoria Cranford — it will leave the petition gatherers short of qualifying the referendum for the November general election, and the zoning decision will stand.

The Maricopa County group identified as Respect The Will Of The People: Graham County Voters & The Arizona Public Integrity Alliance Encourages A No Vote On Massive Marijuana Expansion In Our Area gathered 2,288 signatures for a referendum that seeks to overturn the Graham County Board of Supervisors’ June 21, 2021, decision to rezone two greenhouse sites in Bonita from general land use (A zoning) to unlimited manufacturing land use (M-X zoning), which would allow for marijuana growing in those two greenhouse sites.

A total of 141 signatures were held to be invalid at a motion for summary judgment hearing on April 15. Another 1,077 signatures were ruled invalid April 22 due to the signature gatherer failing to document his actual address on the petition sheets per state law.

A minimum of 1,064 valid signatures are needed to qualify the referendum for the ballot.

The defense has until May 2 to respond to the April 25 motion. Should defense object, plaintiffs can respond by May 7 and Maricopa County Superior Court Judge John R. Hannah said he would rule as quickly as possible thereafter.

The rezoning was requested by NatureSweet Tomatoes, the owner of the greenhouse complexes, in order to sell two complexes to Bayacan. Bayacan principals announced their intention to use the greenhouses to grow medicinal cannabis.

Bayacan officials said the company is seeking to hire 150 people for the first phase of development at one of the greenhouse complexes, at a starting salary of about $35,000 per year plus benefits. At build-out, the company expects to employ about 600 for operations. The numbers would double if the second greenhouse complex comes online.

NatureSweet announced plans to turn its remaining greenhouse complexes into a research and development facility, using the funds from the sale.

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