PRESCOTT, Ariz. -- A judge is now set to decide if the city of Prescott broke the provisions of a voter-approved tax initiative that called for millions to be spent to protect undeveloped land. Maricopa County Superior Court Judge Douglas Rayes, sitting Friday as a visiting judge in Yavapia County, heard arguments from the city and the resident who sued, Meredith Marder. At issue is a 2000 sales tax initiative extending a road improvement tax until 2015. It was expected to raise $75 million over that time. About 54 percent of that money was to be dedicated to buying open space for preservation. Marder's suit says the city is breaking the law because it has only spent $5.4 million in the first six years to buy land. If the city continues the current spending pace it would end up more than $20 million short of the $40.7 million required by the time the tax expires, Marder lawyer Gil Shaw argued.