Couple aims to stop big Gilbert project

May 20—Eric and Terri Naddy are hoping to stop Gilbert dead in its tracks from widening Ocotillo Road from 148th Street to Greenfield Road, which would take a portion of their land.

The couple has filed an injunction, protesting the town's land grab, and a hearing is scheduled this week on their request. They are the lone holdout after 45 other property owners agreed to sell to Gilbert.

"We feel they have no need for, or right to, the extra 10 feet they want," Terri Naddy said in an email last week. "There is an ARS statute that states they cannot claim eminent domain on property outside of their incorporated borders.

"So, they formed an IGA to complete the task," she continued. "However, there is another ARS statute that basically says if they can't take the property without an IGA, they can't take it with one.

"Plus they put up a sign stating that they were going to take the property by eminent domain in August and had not filed anything but started construction in November," she continued. "We felt it was a ploy to say 'it's all done and in place, we just need their property to finish pipelines,' which they are effectively doing."

The Naddys' attorney states that the town has already begun construction on the project without acquiring the rights to the couple's property. But the town said construction is only occurring on land either it or the county controls.

The judge has scheduled a hearing on May 20, to address the injunction request and Gilbert's application for immediate possession of a portion of the Naddys' property, said town spokeswoman Kailey Latham.

"The Town does not believe there is any basis for an injunction," Latham said.

The Town aims to build the statement bridge to connect Ocotillo Road between Greenfield to Higley roads. Ocotillo Road currently is separated by a number of natural barriers, such as the Queen Creek Canal, East Maricopa Floodway and a Roosevelt Water Conservation District canal.

The 545-foot-long bridge will have four travel lanes along with bicycle lanes and pedestrian pathways.

The Town also plans to widen Ocotillo Road from Greenfield to Val Vista roads — a plan opposed by homeowners who will lose portions of their land for the project. If the owners refuse to sell at the assessed value, eminent domain will be used.

The proposal to expand two-lane Ocotillo to five lanes affects 46 properties, nine in the Town's jurisdiction and 37 under county supervision. Most of them are an acre in size.

According to the Town, the widening of the roadway is a critical piece of infrastructure to provide the connection in the southern part of Gilbert and has been identified in past general plans and transportation master plans.

The Naddys' complaint contends Gilbert cannot take their property because it is in Maricopa County and state law prohibits the town from entering into an intergovernmental agreement with the county in order to seize it.

"Defendant Town of Gilbert is attempting to circumvent the limits on this power of eminent domain through an intergovernmental agreement with Maricopa County and should not be permitted to do so," the complaint states.

It further cites another state law that "an IGA can be used for governments to 'jointly exercise any powers common to the contracting parties.'"

"Jurisdiction outside of the Town of Gilbert is not a common power to the contracting parties of the IGA," the January complaint says. "And the IGA is thus improper under the statute."

The Naddys also is asking for a jury trial and wants the Gilbert to pay their attorney fees and court costs.

In its reply, the Town states the Naddys failed to meet four criteria needed for a preliminary injunction, including a strong likelihood of success on the merits and the possibility of irreparable injury if the requested relief is not granted.

The response also states that the county has "deemed the road-widening project to be for the public good and has agreed to work in tandem with the Town to acquire the needed real property."

It calls the Naddys' argument "unmoored from the facts, unsupported in law, and contrary to public policy" and asks the court to deny the injunction and dismiss the complaint. The Town also is seeking to recoup its attorney fees.

The four structures will span the existing water channels, including the Roosevelt Water Conservation District Canal, East Maricopa Floodway, Chandler Heights Regional Basin and Queen Creek Wash.

The Chandler Heights regional basin bridge, which will stretch over the 272-acre Gilbert Regional Park, is planned to be an iconic bridge with significant aesthetic features and includes lighting and shade features.

The public after weighing in on proposed bridge designs picked the so-called Palo Verde concept in 2022. At the time the 545-foot bridge with four travel lanes along with bicycle lanes and pedestrian pathways, was expected to cost $79 million.

Council at the May 7 meeting approved an additional $677,000 to Kimley-Horn and Associates for the bridge, bumping the total contract award to the company so far to $6.5 million.

"This change order pertains to post-design services," explained spokeswoman Kelsey Perry in an email. "We engaged an additional consultant to review the bridge's structural aspects. Change Order No. 2 was prompted by the project's design timeline exceeding our initial estimates. "We expect this change to carry the project through completion."

She noted that construction is tentatively scheduled to begin in early to late this summer.

Perry said that the total estimated costt for both the widening of Ocotillo and the extension of the road were not available yet "due to ongoing contract negotiations."

She said that staff anticipated presenting the contract information to council in June.

When it was discussed in 2022, the overall budget for the project was $67 million with the construction portion at $54 million.