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Scottsdale's McDowell Sonoran Preserve marks 32nd anniversary amid legal challenges

Two lawsuits challenge sales-tax that funds preserve
McDowell Sonoran Preserve Legal Challenges
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SCOTTSDALE, AZ — The McDowell Sonoran Preserve is celebrating its 32nd anniversary this month while the city faces two court challenges over the sales tax that helps fund the nation's largest urban preserve.
 
The preserve started with just a handful of parcels and has since grown to more than 30,000 acres of natural Sonoran Desert.

Part of the city's sales tax helps support the preserve. Scottsdale residents approved increases in the sales tax to buy land and support conservation. The preserve starts around 136th Street and Shea Boulevard and stretches all the way north to the Tonto National Forest.

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Carla -- that's her full legal name -- is often called the mother of the preserve.

"It was such an impossible dream, and we made it come true, and it's an amazing treasure," she said.

She said there are a few more parcels that could be added to the preserve if they become available.

"The dream isn't all the way complete. But it's pretty darn close," Carla said.

The future of the preserve's sales tax funding is now being challenged in court. Two separate lawsuits question the tax. One was filed earlier this year by a former Scottsdale City Councilman David Smith. He is asking a Maricopa County Superior Court to sunset the preserve tax.

The other lawsuit was filed by the Goldwater Institute. Arguments in the Goldwater case are scheduled for Wednesday in the Arizona Court of Appeals in Tucson.

The Goldwater Institute argues the tax increase did not receive enough votes to become law.

"For it to become law, it needed at least 60% approval, and this measure didn't receive that. So that's what this case is about," said Scott Day Freeman, a senior attorney at the Goldwater Institute.

Carla declined comment on the lawsuits. She is focused on the 32nd anniversary and reminding people that the McDowell Sonoran Preserve is a preserve, not a park.

"The best way to learn about the preserve is to go on a guided hike and you'll fall in love. Trust me," Carla said.

Chad Larsen and John Kass hiked near Tom's Thumb in the preserve on a recent day.

The desert scenery left a strong impression.

"It was a great experience and great views up there. Really enjoyed it," Kass said.

There are a number of activities scheduled in the preserve this fall. More information is available at the McDowell Sonoran Conservancy website and the city of Scottsdale's website.