Pima County Administrator Chuck Huckelberry

A Maricopa Superior Court judge has sided with Pima County in a lawsuit over an effort by the state to shift more of an education tax burden onto county taxpayers.

Pima County’s lawsuit claims a state budget change last year illegally forces millions of dollars in education spending that had previously been handled by the state onto Pima County taxpayers.

Prior to Monday’s ruling, Pima County was facing a $7.4 million bill to the Tucson Unified School District. That’s a result of a 2015 state law that changed the way Arizona handles situations in which homeowners are assessed property taxes that exceed 1 percent of their property’s full cash value.

County Administrator Chuck Huckelberry included a 10-cent primary property tax hike in the coming year’s proposed budget to help cover the additional cost.

In his ruling, Judge Christopher Whitten said the legislature unconstitutionally gave a state commission the power to determine which jurisdictions are required to compensate homeowners whose tax bills exceed the 1-percent threshold.

β€œThe power and responsibility to tax is vested in the Arizona Legislature and may not be delegated by it,” he wrote.

County Administrator Chuck Huckelberry said if the ruling sticks it’s unlikely the county will continue to pursue the tax rate increase.

A spokeswoman with the Arizona Attorney General’s Office and a staffer for Gov. Doug Ducey said the ruling was still being reviewed and no decision about an appeal had been made.


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