An organized citizens’ opposition movement held more sway over the Town Council than the threat of a lawsuit from a developer as the council voted 5-0 to deny an application by CA Ventures of Chicago for an assisted living facility in Fountain Hills.

The council was shorthanded for its June 5 session with the resignation of Cecil Yates to run for mayor, and Councilman Art Tolis was absent.

The town received a letter dated June 4, from Jason Ebe, a litigation attorney with the firm of Snell & Wilmer which is representing CA Ventures in the project.

“We have reviewed the record in this case and have concluded, that CA Ventures’ rights have been violated by the [Planning and Zoning] Commission’s and the council’s respective failures and refusals to follow their own rules, regulations and codes, as well as both federal and state statutes and regulations,” Ebe said in the letter.

He concludes the letter by stating that “CA Ventures will promptly avail itself of all remedies available to it at law and in equity, including seeking significant monetary damages against the town and any individual who has been complicit with any violation of the law or CA Ventures rights.”

Vice Mayor Dennis Brown wondered whether it is customary to threaten a lawsuit if a developer does not think things will go their way.

“There are a lot of ways this can be handled,” Brown said. “I don’t like to be threatened.

“You are wrong if you don’t think we should listen to our citizens.”

Councilman Alan Magazine concurred. “I don’t react well to intimidation.”