At a special meeting on Friday, Sept. 12, the Scottsdale City Council voted to authorize filing a notice of claim/notice of unconstitutionality to put the State of Arizona on notice regarding the unconstitutionality of Senate Bill 1543.

A notice of claim is a precursor to possible litigation. The City Council's vote did not authorize litigation, but that step could be taken by a separate Council action in the future (the vote was 4-3 not to authorize litigation at this time).

Background

Arizona SB 1543, passed by the Arizona Legislature and signed into law in April, would allow Axon (and similarly-situated “international headquarters campuses”) to build housing (multifamily apartments/condos), hotels, and ancillary uses alongside its previously approved corporate headquarters building.

The state law potentially pre-empts a Scottsdale resident referendum that would have placed the housing/ancillary use portion of the development on a future ballot for a public vote.