Judge denies City of Phoenix’s motion to dismiss lawsuit filed by residents near “The Zone”

PHOENIX (3TV/CBS 5) -- A judge with the Superior Court of Maricopa County has denied the City of Phoenix’s motion to dismiss after residents filed a lawsuit against them regarding conditions at “The Zone.”

Property owners, residents, and business owners near the homeless encampment known as “The Zone” filed a lawsuit against the city, claiming the city failed to keep conditions at the Zone safe from crime, loitering, and blocked sidewalks. The city then filed a motion to dismiss the lawsuit with the Maricopa County court, saying “the claim was not favored under Arizona law.” City officials alleged that the defendant’s claim was improperly plead and said it’s up to their discretion how they choose to enforce policies and distribute resources for The Zone.

After review, the judge said that those suing the city had a well-pleaded case and denied the city’s motion. The court said an increased number of individuals set up tents on public sidewalks and public grounds making the Zone the “largest homeless encampment in Arizona.” Court documents also state that the city has failed or refused to enforce criminal, health, or quality of life statutes to improve the Zone.

The lawsuit will continue, and a preliminary injunction and a final trial date still need to be set.

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