Judge shields Luke AFB from development

[unhappycamper]

Judge shields Luke AFB from development
By Paul Davenport - The Associated Press
Posted : Wednesday Feb 11, 2009 4:20:39 EST

PHOENIX — A judge on Tuesday upheld the constitutionality of a state law intended to protect Arizona military air bases from encroachment, ruling that Maricopa County must provide land-use shields for Luke Air Force Base and its auxiliary facilities.

Judge Edward Burke of Maricopa County Superior Court granted the state a preliminary injunction but he also suggested that the state might have to reimburse the county if a property successfully sues later for damages.

The 2004 law requires local governments for areas around military facilities to adopt and enforce plans and zoning regulations in high-noise and accident-potential zones for the facilities.

Maricopa County hadn’t done that for Luke, an auxiliary field near Surprise and Luke’s Gila Bend air field, leading to lawsuits between the state and the county.

County officials said the state’s requirements would encroach on land owners’ property rights and possibly subject the county to damage claims, but state Attorney General Terry Goddard and others argued that the county’s inaction would allow encroachment that could prompt the Defense Department to close Luke.


Rest of article at: http://airforcetimes.com/news/2009/02/ap_ariz_bases_021009/%2e