Monday, February 3, 2014

Ruling could hurt Loxahatchee Groves group’s lawsuit to force...

Anything sound familiar here? Another piece of case law saying that you can't have a referendum on a land use issue. A matter in Loxahatchee Groves may be impacted by the ruling. So too Ms. Decker's lawsuit against the city regarding the height special election last March. Click title for link.
The 4th District Court of Appeal reversed a lower court’s ruling that required a public referendum on a Boca Raton development by Archstone Palmetto Park LLC, saying state lawmakers have made it clear that a referendum goes against the intentions of their 2012 amendment to the state law.
In April, a group of Loxahatchee Groves residents filed a complaint, compelling the town clerk to show why the campus issue shouldn’t come to a vote. The residents have said the a new campus, and the commercial development that will come with it, will ruin the town’s rural character.
Robert Hartsell, the Pompano Beach attorney representing the residents, said he was disappointed with the ruling and the legislature’s willingness to deny its citizens the right to vote on such an important issue.
When asked if the ruling kills the lawsuit, Hartsell wouldn’t go that far.
“It makes our case a lot more difficult,” he said.
As far as Ms. Decker's lawsuit, the status remains the same as last reported. No new court date. This is taken from  the Clerk of the Court website today.  It is still the last docket entry on the site.