Since when does a developer need $97 million in incentives to build a shopping center in the swankiest part of town? Apparently, it's been since Thomas Klutznick & Company came to town, hands outstretched, and Phoenix promised the Chicago developer just that sum in exchange for a Nordstrom at the 51 and the 101. The deal was universally panned, from the halls of the State Legislature to the candidates' debates before the City Council. But nobody did anything about it — nobody, that is, until the Goldwater Institute decided to sue the city, arguing that the giveaway was unconstitutional.

The city fought back hard, and after winning on a district level, attempted to sock Goldwater for its attorney's fees. Fortunately, Maricopa Superior Court Judge Robert Miles denied that claim, calling it "inappropriate." And so the scrappy litigators at the Institute's Scharf-Norton Center for Constitutional Litigation survived to fight another round, attempting to get the appeals court to do what the superior court would not. Win or lose, we love them for trying — and, hopefully, making the city think twice before it gives away a giant hunk of our sales tax dollars.