A Pima County judge rejected preservationists’ bid for a preliminary injunction to stop Pima Community College from demolishing three historic, long-vacant Tucson motels.
Superior Court Judge Brenden J. Griffin’s ruling Thursday came after arguments by the Arizona Preservation Foundation and Tucson Historical Preservation Foundation and by defendant PCC.
Griffin said his decision was based on Pima Community College being a “political subdivision” and not a “state agency,” a distinction he said removes any requirement in state law for the college to undertake historic preservation of its properties.
The plaintiffs will appeal, said Demion Clinco, CEO of the Tucson Historic Preservation Foundation and a former PCC Governing Board chair.
A judge ruled demolition plans may proceed for three long-closed historic motels — Tucson Inn, Copper Cactus Inn and Frontier Motel — located along West Drachman Street on the north side of the Pima Community College downtown campus. Historic preservationists said they will appeal to a higher court.
“Of course we’re disappointed, but this is a significant decision. So, it being pushed to the Court of Appeals is not really a surprise at all,” Clinco said after the hearing.
“Ultimately, we strongly believe that Pima Community College is subject to the Arizona State Historic Preservation Act and has responsibilities under the law to consult with the State Historic Preservation Office and protect these resources,” Clinco said. “Because, as was noted during the hearing, these are important cultural assets that are listed on the National Register of Historic Places.”
Griffin’s decision included lifting a temporary restraining order blocking demolition that was briefly granted earlier this month until full arguments could be heard in court. The order will be lifted as of Dec. 27, which Griffin said will give the plaintiffs time to take their case to the Arizona Court of Appeals.
The 1940s-’50s-era motels — the Tucson Inn, Frontier Motel and Copper Cactus — are located on Drachman Street north of downtown Tucson.
“We are pleased that the court has confirmed that state historic preservation laws do not apply to local governments like Pima College or college decisions about the Drachman properties,” PCC officials said in a statement to the Arizona Daily Star. “We are also pleased that the court refused to issue the injunction and provided plaintiffs with only a limited time to seek review of the court’s decision.”
“While we respect the right of opponents to pursue further legal action, ongoing litigation will delay our efforts to address critical safety and security issues on the site,” and to direct taxpayer resources away from the rundown motels’ costly renovation needs and back to “our educational mission and the students we serve,” PCC said.
The lawsuit was filed earlier this month after the PCC Governing Board capped a years-long debate over the properties by voting in November to demolish the structures but to try to save their neon signs. The college estimated the vote will save up to $35.7 million that would have been needed to restore the motels.
Plaintiffs’ attorney Benjamin Rundall argued Thursday that preservation laws apply to political subdivisions such as PCC, while the college’s lawyer Robert D. Haws argued otherwise.
“There’s not any clear precedent,” Rundall said, “but we still think that our argument is the right argument, which is that these preservation statutes have to include political subdivisions, because everything in Arizona is a political subdivision. So, if it doesn’t apply to political subdivisions, it really doesn’t apply to anybody — meaning that Arizona residents don’t benefit from any preservation laws,” he said.
PCC General Counsel Jeff Silvyn, also present at the hearing with Haws, declined to comment on the judge’s decision.
The three motels were purchased by the college in 2018 and 2019 at costs of more than $1 million for the Tucson Inn and about $1.3 million for the Frontier Motel and Copper Cactus.
Over the last seven years, possible uses for the properties were discussed by the college — a culinary and hospitality program; a diversity, equity and inclusion center; a teaching and learning center; an innovation center; or an education technology lab, with cost estimates for renovation ranging up to $35.7 million.
In the meantime, the buildings have sat vacant, sustaining damage from weather and vandalism.
The demolition costs are estimated at $500,000 by the college.
