Sunday, January 2, 2011

St. Pete Beach's Litigation Saga: Kadoura Ruling Ends One Chapter, Begins Another

Photo by Rosemary Manning
New Year's Day in St. Pete Beach.

To me it seems fitting that Judge Demers' final rulings in Bill Pyle and Bruce Kadoura's lawsuits against the City arrived on the eve of the New Year, a time when folks reflect on where they have been, where they are now, and where they would like to be.  

As reported by the St. Petersburg Times ("Judge Tosses St. Pete Beach Comprehensive Plan"), Judge rejected many of Pyle and Kadoura's claims that the 2008 ballot language and the Settlement Agreement were improper, misleading and invalid.

However, Judge Demers did rule in favor of Pyle and Kadoura on several counts.  As a result, under the current provisions of the City Charter and Judge Demers' rulings, the City's Comprehensive Plan must be put back on the ballot for approval by the voters before it will be fully enacted (which in turn requires yet another set of 75 word ballot summaries (which in turn places the City at risk for yet another round of lawsuits challenging the ballot summary language)).

So here we stand, the people of St. Pete Beach, at the threshold of a new year, made both richer and poorer by the long journey of the past year. 

The conflict and turmoil that arose between our residents has, in my view, been no less costly than the crippling legal expenses born by both the City and the plaintiffs.  And the end result of that conflict (i.e. the Demers rulings) brought neither complete satisfaction nor complete finality to anyone.

While many unanswered questions remain, the Demers rulings have at last provided more clarity and guidance regarding the legal standards that the City must satisfy when putting a Comprehensive Plan or Plan Amendment on the ballot under the current version of the City Charter.

Now that we are newly-equipped with this hard-won knowledge, I hope the people of St. Pete Beach will chart a course for the New Year that makes the most of what we have learned and restores both Unity and Prosperity to our community.

Amen!

[Revised on 1/3/2011 to clarify regarding the effect of Judge Demers' opinion]



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