Judge Napper rules Cultural Park item doesn’t alter zoning

Park Preservation Act initiative is not unconstitutional and must be placed before voters.

Attorneys representing the city of Sedona, Sedona City Council and the Sedona City Clerk sued the Save Sedona Committee, a political action committee, on March 31 to keep the initiative off the ballot under the legal theory that the initiative violated the Arizona Constitution, Article IV, Part 1, Section 1(8), governing citizens’ initiative power in local elections. The city argued Proposition 403 amounted to zoning by initiative, which Arizona courts state is impermissible because it circumvents the constitutionally required public notice and hearing process.

The Coconino and Yavapai counties’ boards of supervisors and their counties’ recorders were also naming them as defendants, but only in their official capacities as elections officials who govern and print ballots.

Napper’s ruling denied the city of Sedona’s request for injunctive and declaratory relief and motion for summary judgement, and directed the county defendants to place the initiative on their respective ballots.

“City Council will review the decision in an executive session on Tuesday, May 12, 2026 at 3 p.m. in Council Chambers at City Hall,” Communications Director Lauren Browne wrote May 6. The meeting was held after press time.

“This ruling confirms what we have maintained from the beginning — the Preservation Act was drafted to preserve existing zoning protections, not create new zoning,” Save Sedona Committee Treasurer Bill Noonan wrote May 6. The city retained the Phoenix-based Herrera Arellano law firm to file the suit and challenge the constitutionality of the initiative while the Save the Sedona Committee was represented pro bono by the Arizona Center for Law in the Public Interest, a nonprofit law firm.

“At its core, this case has always been about whether the residents of Sedona have the right to vote on an issue of clear public interest,” Noonan said. “We are grateful the court recognized the distinction between changing zoning and preserving existing zoning protections already governing the property.”

The city of Sedona purchased the 41-acre Sedona Cultural Park in November 2022. The area around the 41 acres has since been rebranded as the Western Gateway. After acquiring the property, council and city officials began exploring possible uses that included residential housing.