Developers argue that Friends don’t have ‘special rights’

Developers hoping to built 180-upscale houses near the entrance to scenic Madera Canyon have asked that the challenges against the project be rejected because they claim the opponents lack legal standing to bring such action.

Developers Michael Kettenbach, Kerry Kettenbach and Lauren Kettenbach asked Arizona Superior Court last Wednesday to rule the conservation group Friends of Madera Canyon doesn’t have authority to challenge the project.

The Kettenbachs claimed the Friends don’t own or otherwise control the canyon and thus won’t suffer “particularized harm that is different and more substantial than suffered by the general community.”

The court action said fact will show that none of the members of Friends of Madera Canyon own property within “the 300-foot protest area recognized by Arizona.”

It adds any damages suffered to the canyon area by the Friends “are not qualitatively or quantitatively different from any harm that will be generally sustained by the public at large.”

Luis Calvo, proprietor of Chuparosa Inn bed and breakfast in Madera Canyon and a lawyer, said in a short interview Monday that the claim is “almost incredible.” Calvo said, “basically” the developers say the Friends “don’t have legal standing” to bring action to try to regulate some parts of the proposed development.

In non-legal terms, the Kettenbachs want to increase the amount of time to file a response “to postpone another hearing” known as the Appellant’s Summary Judgment.

Madera Canyon is on the northwest face of the Santa Rita Mountains, 11 miles east of Green Valley.

Among other things it’s known for the large numbers of permanent-dwelling and migratory birds throughout the year, thick stands of forest and scenic views.

Friends of Madera Canyon members conduct routine trash pickups and are involved in preserving the natural beauty of this corner of the Coronado National Forest.

jlamb@gvnews.com | 547-9749