Yavapai County is being sued by a group of property owners southwest of Sedona, who have filed a 2020 land tenure in the county with the Global Community Communications Alliance, which operates the Camp Avalon Conservation Area off Upper Red Rock Loop Road. It alleges that the use settlement agreement violates the state’s open rules. conference law.
Camp Avalon
Camp Avalon Retreat was once home to Tony Delevin, who called himself “Gabriel of Sedona.” His Delevin, leader of a New Age religious group based on his own interpretation of the Urantia Book, subsequently transferred his followers to his Tumacacori, 16 miles north of Nogales. Delevin’s “Spiritual Intentional Community,” now calling himself “Gabriel of Urantia,” is legally incorporated as the Global Community Communication Alliance, but as Avalon Gardens when the group is called. Known as Oak He still owns a 15-acre Camp Avalon parcel along the Creek. Aquarian concept community.
In the spring of 2019, Loop Road residents complained that GCCA was operating Camp Avalon as a commercial campground without proper facilities or permits. The Yavapai County Coordinating Board unanimously ruled against the GCCA at a hearing on June 18, 2019, exempting the group’s religious orientation from being required to comply with planning and zoning ordinances. I discovered that I didn’t. [see the Sedona Red Rock News for June 28, 2019].
GCCA subsequently sued the county for religious discrimination, but on February 14, 2020, the Yavapai County High Court dismissed the lawsuit without prejudice.
On February 19, 2020, the Yavapai County Board of Supervisors held an executive session to consider the lawsuit. A keyword search of oversight board minutes and agendas found that Camp Avalon or his GCCA between his 2019 and his 2022 years, except for the board’s waiver of service in the Sept. 4, 2019 lawsuit. It became clear that this was the only one that was discussed in .
of Minutes of the public session on February 19 District 2 Supervisor Tom Surman said, “We have moved to enter into a settlement agreement with the Global Community Communications Alliance to resolve the pending litigation.”
The motion was supported by First District Supervisor Rowle Simmons and passed unanimously.no copy of Approved Settlement Agreement It was attached to the minutes.
According to the settlement, GCCA will submit a site plan for Camp Avalon, build a permanent toilet and drainage facility, limit online advertising to exclude vacation rental websites, and hold gatherings that exceed the facility’s capacity. I agree to request special event permission in advance if I do so.
In return, the county agreed to grant the necessary building permits, authorized religious use of the facility, and paid GCCA $18,750. The agreement was signed by Catherine “Centria” Lilly, her CFO of her GCCA, on February 26, 2020, and by Craig Brown, chairman of her supervisory board at the time, on March 5, 2020. it was done.
On April 23, 2020, the GCCA was issued a Commercial Completion Certificate for Outdoor Religious Gatherings and Gatherings by Mr. David Williams, Director of the County Development Services Authority.
The existence of the settlement agreement was not publicly reported until August 18, 2020. This comes in conjunction with District 3 Supervisor Randy Garrison issuing a letter expressing opposition to proposed changes to the county’s religious zoning ordinance.
motion and counter motion
February 18, 2021, La Mela Holdings LLC and Smoke Trail Ranch Property Owners Association filed a lawsuit For both Yavapai County and GCCA. La Merra Holdings planned the Sedona Ranch subdivision and still owns the lot. The Smoke Trail Ranch Association represents other neighborhood property owners.
The complaint alleges that GCCA has “consistently [aka GCCA] Possession in a manner not permitted by applicable local regulations imposed by zoning ordinances. This includes, among others, fireplace pits, campsites, unauthorized improvements, outdoor restrooms, stages, amplified music, commercial sales, and food sales. ” urged the invitees to break into the premises of La Her Mera.
After the coordinating committee unanimously decided to enforce the zoning ordinance against GCCA, the complaint continued:allow globals to continue [and, in fact, expand] Prohibited Uses. ”
“Approval of the Settlement Agreement was allegedly on the agenda of the Yavapai County Board of Supervisors on February 19, 2020,” Petitioner said. “However, Yavapai County did not provide an explanation for the presumed settlement between Yavapai County and Global in its legally required notice at its February 19, 2020 Board of Supervisors meeting. Yavapai County did not indicate that the Settlement Agreement would be discussed, debated, or voted on on the agenda for its February 19, 2020 Oversight Board meeting. A draft of the Settlement Agreement was never made available to the public for inspection and review prior to the Board of Supervisors meeting on May 19, 2020. The Settlement Agreement was subject to media coverage because it was agreed in confidentiality. Plaintiffs were unaware of the existence of the Settlement Agreement until August 2008.”
As a result, La Merra and Smoke Trail filed a lawsuit against the county and the GCCA because the board of oversight did not comply with Arizona’s public meeting law and, in the process, violated Arizona Revised Laws 38-431.01, 38-431.02, and 38-431.05. He argued that a settlement with the You declared null and void.
The complaint also sought an injunction barring GCCA from continuing any future prohibited uses and damages from GCCA for damage to complainant’s property.
On May 6, 2021, plaintiff amended complaint On behalf of La Mela Holdings as the plaintiff, the lawsuit was filed on March 10, 2021 by residents of Red Rock Loop, a non-profit corporation incorporated in Delaware. The complaint purportedly represents the interests of property owners of Sedona Ranch and other residential subdivisions.
Yavapai County Attorney Sheila Polk moved due to dismissal Polk said the Yavapai County Superior Court had no jurisdiction, the two business entities that sued did not prove they had caused harm, and that the complaint was “legal under Arizona’s public assembly law.” I am not claiming any permissible violations.” In Polk’s view, the agenda published at the February 19 meeting met all statutory requirements for publication.
GCCA submitted the fittings In the county’s motion to dismiss on June 24, plaintiffs did not stand for office and agreed that they were not violating the Public Assembly Act. Joider added that the complaint “does not state any legally recognizable violations of Yavapai County’s zoning ordinance.”
Residents of Red Rock Loop and Smoke Trail responded to both allegations on July 26.
“As the county waived its obligations and executed a confidential settlement agreement, plaintiffs and their constituent members were forced to endure the annoying effects of Global’s unregulated commercial camp operations,” their response reads. claimed.
“There is nothing on the agenda for the February meeting, and nothing has been pointed out by the County. Nothing alerts reasonable observers that it was proposing to give Leisure.Worse, the settlement agreement also required the county to pay $18,750 globally in public funds. This is also the fact that no reasonable observer had notice based on the published agenda.
Yavapai County and GCCA filed their responses to plaintiffs’ responses on August 3 and August 13, respectively, stating that plaintiffs were not running for office, that no open meeting law or zoning violations had occurred, and that they had not committed harassment. reiterated earlier allegations that there was a claim for It was not clearly stated in the amended complaint.
discover
Judge John D. Knapper heard oral argument in this case on September 10. Knapper denied both motions to dismiss and directed the parties to proceed with discovery.
On October 8, the county Response to May 6 ComplaintIn response, the County formally denied that Smoke Trail Ranch bordered GCCA property, and the Coordinating Commission voted unanimously to implement a zoning ordinance opposing GCCA. and denied that the negotiation and settlement agreements were confidential, and the specific terms of the settlement should have been put on the oversight committee’s agenda.
GCCA is the Response to May 6 Complaint On October 11, it denied owning the property adjacent to Smoke Trail Ranch, reiterating allegations that plaintiff had no standing and could not assert specific damages.
Plaintiffs and the county requested an expanded discovery on February 2, 2022, and discovery occurred through the remainder of the year. Napper he issued a scheduling order on August 9th. This stated that the trial would take place after his May 26, 2023 and was expected to last nine days.
“This matter is pending litigation, and the county denies violating the Public Assembly Act,” the Yavapai County Attorney’s Office said in a statement. “No additional comments.”
Lawyers for Smoke Trail Ranch and GCCA did not respond to requests for comment.
Yavapai County is currently named as a defendant in at least six pending lawsuits, and the Yavapai County Sheriff’s Office is named as a defendant in three lawsuits, according to public access to the Arizona Department of Justice court information website. Yes, and Yavapai County Sheriff David Rhodes is a defendant in one lawsuit. In a separate lawsuit, Yavapai County Treasur said he has been named a defendant in more than 40 lawsuits.
