Southwest Fair Housing Council v. Mdwid, 17 F.4th 950 (2021)

Citation: Southwest Fair Housing Council v. Mdwid, 17 F.4th 950 (2021)
Parent Document: Southwest Fair Housing Council v. Mdwid, 17 F.4th 950 (2021)
Jurisdiction: United States (federal)
Effective Date: 2021-11-12
Original Source: https://www.courtlistener.com/opinion/5296996/southwest-fair-housing-council-v-mdwid/ ↗

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As a first alternative, Appellants contend that the District
could have continued to attempt to force Pinal County to pay
for any delinquencies, either by negotiating an
intergovernmental agreement, by requesting a resolution
from the County Board of Supervisors, or by filing a
declaratory relief action in court. However, as already
recounted, the District attempted numerous times over
several years to convince Pinal County to pay its tenants’
delinquencies, all without success. Appellants suggest Pinal
County’s legal claims (that its public property was immune
from liens and that the anti-gift clause of the Arizona
Constitution prevented the County from paying its tenants’
delinquencies) were infirm and the District should have filed
a declaratory action in court rather than take the County at
its word. But requiring the District to file a declaratory
action against Pinal County would create costly and time-
consuming burdens for the District and it is not clear that the
District would prevail. Appellants have not presented
evidence sufficient to create a material triable issue of fact
that these alternatives would be equally effective.

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