The Arizona Court of Appeals has upheld an injunction that required the City of Phoenix to clear out a large homeless encampment known as “The Zone” in downtown Phoenix.
Residents and property owners filed a lawsuit against the city in 2022 for failing to address homelessness, leading to a Maricopa County Superior Court judge’s order for the city to remove tents and structures from public property.
The city appealed the injunction, claiming it couldn’t be held responsible for a nuisance caused by third-party actions beyond its control.
In its ruling this week, the appellate court affirmed the lower court’s decision, stating that the city was obligated to abate a public nuisance on city-owned property.
The court’s opinion emphasized the city’s responsibility to manage nuisances on its property, without infringing on its autonomy.
The injunction specifically applies to city-owned property and not private or other government-owned land.
Arizona courts have a long history of holding municipalities accountable for public nuisances on their property.
12News is currently waiting for the city’s response on its next steps regarding the homeless encampment.
UP TO SPEED
“The Valley” is the term used by locals to refer to the Phoenix Metropolitan Area, the largest in the Southwest.
The Valley comprises major cities like Mesa, Chandler, Scottsdale, and more.
The Valley has a population of 4,845,832 people, making it the 11th largest metropolitan area in the US.
Maricopa County is the 4th most populous county in the US, with 4,485,414 residents according to the 2020 Census.
Maricopa County covers 9,224 square miles and boasts one of the largest park systems in the nation, spanning 120,000 acres of open space parks.
The county seat is in Phoenix, which is also the state capital and the 5th most populous city in the US.
Maricopa County is named after the Maricopa Native American Tribe.