Water Reservoir Lawsuit Ends

On Tuesday, November 29 Boulders Homeowners (BHOA) President Corbin McNeill announced that BHOA residents had voted 175-99 to accept the Town of Carefree offer of $135,000 to end the valuation portion of the condemnation action for the 0.77 acre parcel on Tom Darlington Road at the Carefree/Scottsdale city border, where the Carefree Water Company is installing a new water tank. 

After introduction of a motion to ratify the result, a supplemental motion was made and seconded to add binding language to an additional request based on an email sent by Mayor John Crane to Corbin McNeill (in relevant part the amendment included the following passage: …This resolution shall be considered and voted on by the Council Members of the Town of Carefree…). This amendment was rejected by a 5-3 vote (Pat Brassill, David Levin, John Ambrose, P. J. Weiss and Corbin McNeill in opposition).  

The Board then approved the original motion ratifying the resident action by a 7-2 vote.  Board members voting in opposition to the main motion were Bernie Pistillo and Don Schwarzkopf.

One week later, on Tuesday, December 6 at a public meeting of the Carefree Town Council, Mayor John Crane introduced the same topic and thanked the residents of the Boulders for successfully voting to accept the settlement proposal. In discussion, Council members Cheryl Kroyer, Vince D’Alesio, Tony Geiger, Steven Hatcher and Mike Johnson all made statements critical of the conduct of the Boulders during the past eighteen months.  A motion was then made by Vice Mayor Kroyer to approve the settlement offer of $135,000 plus statutory interest of $7,656.16.  Council member D’Alesio seconded, and the motion passed 6-1, with Council member Hatcher in opposition.

These votes conclude the active portion of Maricopa County Superior Court case CV 2021-006704 (Town of Carefree v. The Boulders Homeowners Association, initiated April 23, 2021). A settlement agreement and related paperwork will now be submitted to the Superior Court and settlement funds will be disbursed.

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