NEWS
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AHWATUKEE FOOTHILLS NEWS | APRIL 4, 2018
Foothills Reserve resident jousts with ADOT over freeway BY JIM WALSH AFN Staff Writer
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n Ahwatukee Foothills homeowner’s quest to either halt construction of the South Mountain Freeway or change its path met with resistance during a complicated Maricopa County Superior Court hearing. Foothills Reserve resident Dietmar Hanke’s challenge to the state Department of Transportation’s plans includes an assertion that there is no concrete plan for the freeway’s precise location. He argues that ADOT has failed to justify the need for the freeway and, as a result, has no authority to condemn land to build it. ADOT is seeking to condemn 13 acres of common ground at the south end of Foothills Reserve, a large subdivision with 590 houses. ADOT wants to pay $2 million for the property, which includes a walking path that represents a pleasant place for residents to take a stroll or walk their dogs. The subdivision’s HOA wants more. “I don’t think they have done their homework to say, ‘This is the design,’ Hanke told Judge Dawn Bergin. “They
(AFN file photo)
Foothills Reserve resident Dietmar Hanke, a lawyer, is involved in a court fight over the Arizona Department of Transportation’s plan to take 13 acres of his HOA’s common grounds for the South Mountain Freeway.
should know exactly how much land they need and have a specific design. Until the design is set, all they are doing is guessing.’’ “The state has been back and forth on this over the years,’’ Hanke said, noting that one plan called for building the free-
way over his house. Hanke is challenging the state’s plan to take “immediate possession’’ of the common ground and determine payment later with the Foothills Reserve Homeowners Association. He told Bergin he wants her to order ADOT to turn over
previously undisclosed records. Bergin said she needs to determine how much latitude to give Hanke in seeking the documents. “I am not opening the doors to anything you want,’’ Bergin said. Bergin challenged Hanke to describe specific evidence that would justify the discovery he is seeking. “The state has essentially been bullying the community for a long time,’’ Hanke said. Many of Hanke’s legal arguments stem from Proposition 207, a property rights initiative passed by Arizona voters. The law requires governments to compensate property owners if the value of their property is reduced as the result of a land use decision. Proposition 207 limits the circumstances under which eminent domain can be used to the state taking property for a public use, according to a state analysis. Bergin eventually gave Hanke time to submit a brief outlining his arguments after Michelle Burton, an ADOT attorSee
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