The Arizona attorney general's office will not intervene to invalidate the incorporation of the Town of Diamond Star.
"Although the Attorney General has the authority to challenge the incorporation of a town through a quo warranto action, we decline to do so in this case," Arizona Solicitor General Mary O'Grady said in a letter to Steven Hirsch, the attorney who filed the legal action on behalf of G. Michael Horton's Terra Star Valley 40, George Randall, Roy Haught and others. "Based on our review of the legal and factual issues presented, we do not find reason to believe that the Town of Diamond Star and its town council are unlawfully exercising a municipal franchise."
According to Diamond Star Town Councilor Chuck Heron, who was briefed on the letter by Town Attorney Fredda Bisman, a judge must still rule on the request.
"Basically, that was the ruling by the Attorney General, which is the highest level in the state to rule on an incorporation," Heron said. "Because he was the plaintiff, it has to go to another judge to review both his and their statements one more time."
The documents filed by Horton, Haught, Randall and others seek a writ of mandamus compelling Arizona Attorney General Terry Goddard "to commence a quo warranto action" against the Gila County Board of Supervisors, the Town of Diamond Star, and its individual legislative officers "due to illegal incorporation."