January 16, 2025

Lawsuit dismissal clears way for Buckeye infrastructure upgrades

Buckeye Updating its Transportation Master Plan

Buckeye residents can breathe a sigh of relief as the Maricopa County Republican Committee (MCRC) has filed a motion to dismiss its lawsuit challenging Proposition 479, a voter-approved measure to fund transportation infrastructure projects across Maricopa County. These include road expansions, freeway improvements, and other critical transit upgrades. The decision secures millions of dollars in funding for essential road and freeway improvements in one of the nation’s fastest-growing cities.

Prop 479, approved by nearly 60% of Maricopa County voters — including about 54% of Buckeye voters — will provide long-term funding for infrastructure projects across the region. For Buckeye, this means much-needed resources for freeway expansions, road widening, and other upgrades to support its rapid population growth and strengthen connections to the rest of the Valley.

The lawsuit, filed shortly after the November election results were certified, claimed that Prop 479 failed to meet the 60% voter-approval threshold required for tax-related measures under state law. The dismissal, however, comes as little surprise following a similar lawsuit in Cochise County, which was rejected by a judge in October.

It remains unclear why MCRC chose to drop the case just days after filing it with the Maricopa County Superior Court. However, MCRC Chairman Craig Berland suggested the initial challenge was based on legal concerns about the vote threshold.

“Are you aware that state law says Proposition 479 had to pass with a minimum of 60% of the vote? We are a country of law and order, or we are a country of chaos,” Berland wrote in an email to InBuckeye, adding that he voted for Prop 479. "But it didn’t pass.”

It did pass, though. The Maricopa County Board of Supervisors certified election results in November. Prop 479 received 59.8% of the vote. It was widely popular across the entire county.

According to one political consultant, all cities in the county except for Queen Creek and Carefree – which voted against it by seven votes – approved the measure.

All 30 legislative districts approved it, and all city districts throughout Maricopa County voted for it, except for one: Buckeye's District 4, which is in the northernmost part of the city, and covers Sun City Festival and Festival Foothills. It borders the White Tank Mountains and is a key area of Buckeye’s northern expansion, with a mix of active adult and family-friendly communities.

Berland did not respond to further questions about why the party moved to dismiss the lawsuit. The Cochise County ruling may have played a role, as could the MCRC's limited financial resources. Campaign finance records show that the party had just over $71,000 in its campaign account as of the pre-general election finance report.

With the lawsuit no longer a barrier, Buckeye leaders and residents can focus on implementing Prop 479-funded projects. Plans for freeway expansions and other infrastructure improvements can now move forward, easing traffic congestion and ensuring the city remains a desirable place to live and work.

Buckeye Mayor Eric Orsborn told InBuckeye he and the Maricopa Association of Governments' Regional Council (of which he is a member) is pleased that monies from Prop 479 will still make its way to Buckeye "to continue developing our community and economy through a robust transportation system will proceed as planned."

"We look forward to continuing our 40-year legacy of building a strong, vibrant and sustainable region now and into the future," Orsborn said.

For Buckeye, the end of the lawsuit offers not only relief but also an opportunity to accelerate the development necessary to sustain its rapid growth and enhance its future connectivity to the rest of Maricopa County.

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