PHOENIX -- The city of Phoenix is threatening court action
over the proposed new stadium in Tempe for the Arizona Cardinals.
Phoenix city attorney Peter Van Haren told the city it could
seek a temporary restraining order in Maricopa County Superior
Court to prevent Tempe and the Tourism and Sports Authority from
building the $335 million stadium two miles east of the airport's
North Runway.
The Phoenix City Council met behind closed doors Tuesday and
agreed to file a notice intending to sue. The claim could be filed
by the end of the week.
Public squabbling between the two cities has escalated in recent
weeks.
The stadium authority suspended construction July 12 after the
Federal Aviation Administration said the stadium could create a
flight-navigation hazard because of the stadium's height if it was
built as planned.
Phoenix raised noise issues Tuesday that are separate and do not
involve the FAA directly.
At issue is a 1994 agreement between Phoenix and Tempe that
includes a provision prohibiting development of structures such as
a sports arena within the airport's 70- to 75-decibel noise contour
lines. The lines were drawn in part to protect nearby residential
neighborhoods from airport noise.
"We want to protect Phoenix's ability to safely operate the
airport," Van Haren told The Arizona Republic. "Tempe would be
violating our agreement if it builds the stadium."
Tempe Mayor Neil Giuliano said he was surprised by the threat of
a lawsuit.
"We're dumbfounded as to why they would embark on this strategy
when this site has been identified as the potential stadium site
since January of 2000," he told the East Valley Tribune.
The 1994 agreement was signed after Tempe consented to drop two
lawsuits blocking construction of the airport's third runway. The
deal requires commercial jets flying over Tempe to stick to the
Salt River corridor, a requirement Tempe says pilots regularly
ignore.
Phoenix officials raised the issue of noise contour several
weeks ago, and the two cities have exchanged letters in which they
disagree over the interpretation of the agreement and federal
airport-noise regulations.
Van Haren said Phoenix will wait to hear the outcome of a
meeting scheduled Friday between Sky Harbor officials and members
of the stadium authority before notifying Tempe of possible legal
action.
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