There are two important "takeaways" that Florida voters should note from the May 2 story in the St. Petersburg Times titled "St. Pete Beach legal Defense Fund Running Low in Busy Year":
- The settlement offer recently presented to the City of St. Pete Beach by attorney Ken Weiss on behalf of his anti-development activist clients undermines Hometown Democracy's argument that the chaos in St. Pete Beach has absolutely nothing to do with Amendment 4, and
- Sheila Estrada's story is flawed by what I believe is a serious inaccuracy: she seems to assert that Judge David Demers has ruled that if certain legal technical requirements are satisfied, then the City must hold a new election that includes the 'height and density' language specified by attorney Weiss in the settlement offer--yet no such ruling was made by Judge Demers!
OK, first, the details. In her story, Sheila Estrada reports that
Apparently having sensed the City's dilemma, attorney Ken Weiss has presented the City with a settlement offer on behalf of his clients. As Estrada reports:
Ken Weiss, the attorney for the three residents [who are suing the City], is offering the city a chance to end all of the comprehensive plan lawsuits, as well as a related lawsuit filed by former Commissioner Harry Metz challenging the city over legal fees it paid for sitting Commissioner Beverly Garnett.
In exchange for dismissing the lawsuits, Weiss is asking the city to agree to hold another election on the comprehensive plan amendments that voters approved in 2008.
This time, however, he wants the ballot language to plainly state that a "yes" vote would mean allowing building heights in certain zoning districts to increase to 146 feet and densities to increase to 80 units per acre.
Judge David Demers, who is presiding over all the comprehensive plan cases, said in a recent ruling that if Kadoura can prove he is legally qualified to sue the city over the plan, then such an election would be required under existing law.
Wow!
First, this story contains a serious inaccuracy: Estrada writes that Weiss wants the ballot language to "plainly state that a 'yes' vote would mean allowing building heights in certain zoning districts to increase to 146 feet and densities to increase to 80 units per acre". Then Estrada writes that Judge Demers has ruled that if Kaduora has standing, then "then such an election would be required under existing law." This is NOT TRUE. It is true that an election would be required, but Estrada's story seems to assert that the required election would have to include Weiss's desired height and density language, and THAT ISN'T TRUE. Again, assuming the Judge finds that Kadoura has the right to sue on this issue, a new election would be requried because because SPB's commission failed to hold a new election to approve a few technical, state-mandated comp plan changes that had nothing to do with height or density. Judge Demers DID NOT rule that Weiss's height and density language must be included on the new ballot. Thus, I think Estrada's story creates an erroneous impression that the 'height and density' ballot language sought by Weiss in his settlement offer is required by state law.
Second, it seems to me that Weiss's offer destroys his own claims (and those of the Hometown Democracy/Amendment 4 folks) that St. Pete Beach has absolutely nothing to do with Amendment 4. The big issue that Weiss and his clients are focusing on and will settle ALL of the lawsuits over is the "ballot language" lawsuit, (i.e., the lawsuit where they allege that the city's attempt to comply with SPB's "Hometown Democracy-style" regulations that require 200 page comp plans to be described in 75 word ballot summaries). If the City doesn't agree to have another election with ballot language Weiss/plaintiffs like, then Weiss says another $150,000 in legal costs will result.
Well, ALL of Florida's cities will be vulnerable to expensive ballot-language challenges if Amendment 4 passes in November because Amendment 4 will force ALL cities to undertake the virtually impossible task of summarizing their 100-300 page comp plans/changes in 75-word ballot summaries. Like St. Pete Beach, ALL Florida cities would be vulnerable (like SPB was) to being sued if a few deep pocket folks don't like the election results.
The fact that Weiss and his clients are willing to settle ALL of the St. Pete Beach lawsuits over a ballot language issue that would apply to ALL Floridians if Amendment 4 passes is clear evidence that the St. Pete Beach situation is highly relevant to the Amendment 4 debate.
First, this story contains a serious inaccuracy: Estrada writes that Weiss wants the ballot language to "plainly state that a 'yes' vote would mean allowing building heights in certain zoning districts to increase to 146 feet and densities to increase to 80 units per acre". Then Estrada writes that Judge Demers has ruled that if Kaduora has standing, then "then such an election would be required under existing law." This is NOT TRUE. It is true that an election would be required, but Estrada's story seems to assert that the required election would have to include Weiss's desired height and density language, and THAT ISN'T TRUE. Again, assuming the Judge finds that Kadoura has the right to sue on this issue, a new election would be requried because because SPB's commission failed to hold a new election to approve a few technical, state-mandated comp plan changes that had nothing to do with height or density. Judge Demers DID NOT rule that Weiss's height and density language must be included on the new ballot. Thus, I think Estrada's story creates an erroneous impression that the 'height and density' ballot language sought by Weiss in his settlement offer is required by state law.
Second, it seems to me that Weiss's offer destroys his own claims (and those of the Hometown Democracy/Amendment 4 folks) that St. Pete Beach has absolutely nothing to do with Amendment 4. The big issue that Weiss and his clients are focusing on and will settle ALL of the lawsuits over is the "ballot language" lawsuit, (i.e., the lawsuit where they allege that the city's attempt to comply with SPB's "Hometown Democracy-style" regulations that require 200 page comp plans to be described in 75 word ballot summaries). If the City doesn't agree to have another election with ballot language Weiss/plaintiffs like, then Weiss says another $150,000 in legal costs will result.
Well, ALL of Florida's cities will be vulnerable to expensive ballot-language challenges if Amendment 4 passes in November because Amendment 4 will force ALL cities to undertake the virtually impossible task of summarizing their 100-300 page comp plans/changes in 75-word ballot summaries. Like St. Pete Beach, ALL Florida cities would be vulnerable (like SPB was) to being sued if a few deep pocket folks don't like the election results.
The fact that Weiss and his clients are willing to settle ALL of the St. Pete Beach lawsuits over a ballot language issue that would apply to ALL Floridians if Amendment 4 passes is clear evidence that the St. Pete Beach situation is highly relevant to the Amendment 4 debate.
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