Thursday, June 14, 2007

Lawsuit filed by James McCauley and Laurence McNamara

THIS INFORMATION IS PROVIDED IN THE PUBLIC INTEREST. IT IS NOT AN ENDORSEMENT OF THE CAUSE.

FOR IMMEDIATE RELEASE
JUNE 14, 2007
CONTACT: JANE WEST (561)748-8478

LAKE WORTH CITIZENS DEPRIVED OF VOTE ON BEACH REDEVELOPMENT

Lake Worth, FL – Two citizens of Lake Worth filed suit today against
the City for violating their due process rights. The citizens, James
McCauley and Laurence McNamara, assert that the City of Lake Worth
deprived them of their right to vote on the beach redevelopment
project as required by the referendum that was overwhelmingly approved
by Lake Worth voters in 2004.

Our problem is not with the development so much as is it is with
the process” remarked McCauley, a long time Lake Worth resident.
“We have a strong interest in how our City is developed, that is why
the beach referendum was approved in the first place. Now the City
has by-passed the requirements of that referendum by entering into
this agreement with the developer and that is wrong.”

The referendum requires that the “City owned property east of the
A1A roadway shall not be ….leased, except for a lease of less than
20 years, without the affirmative vote of a majority of the electors
of the City of Lake Worth at a properly noticed and scheduled
referendum.”

“The overriding purpose and intent of this amendment was to give the
residents of Lake Worth a clear and unequivocal voice in how their
valuable publicly owned beach asset would be developed for generations
to come,” observed McNamara. “But then the City entered into a
lease for the unusual term of 19 years, 11 months and 29 days in an
attempt to circumvent the referendum, except when you examine it
closely, it just doesn’t pass muster.”

That failure to pass muster is the crux of the litigation filed with
Palm Beach County. The complaint seeks declaratory and injunctive
relief. The Plaintiffs have hired the law firms of Collins & West,
P.A. and Lewis, Longman & Walker, P.A.

Pass Muster Etymology: based on the military use of the phrase pass muster (= to gather soldiers in a group to show officers they are acceptably dressed and equipped)


Jane West, Esq.
Collins & West, P.A.

Jupiter Office:
10152 W. Indiantown Road, Suite 157
Jupiter, FL 33478
(561)748-8478

Tampa Office:
500 E. Kennedy Blvd. Suite 100
Tampa, FL 33602
(813) 273-9166

www.collins-west.com