Cities and County file lawsuit over controversial growth management bill
by Dara Kam | July 8th, 2009
A
coalition of cities filed a lawsuit against Gov. Charlie Crist and the
leaders of the House and Senate over a controversial growth management
bill.
The suit charges that SB 360, which eliminates the requirement that
roads must be built before development can occur, creates an “unfunded
mandate” by forcing local governments to foot the bill for
infrastructure like roads.
The lawsuit was filed in Leon County by Jamie Cole, the lawyer who
won a lawsuit against the legislature last year over a property tax
amendment. The Florida Supreme Court tossed the legislature’s proposed
amendment, spurring a special session that resulted in “Amendment 1,”
which voters approved.
http://www.postonpolitics.com/2009/07/cities-file-lawsuit-over-controversial-growth-management-bill/
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Lawsuit - Complaint challenging Constitutionality (Single Subject and Unfunded Mandate) | Ft Myers News-Press Op Ed supports Lee County's lawsuit to overturn SB 360.
...it's true that development rules need streamlining, but eroding
oversight and potentially creating a situation where roads are
overwhelmed is not the answer. SB
360 diminishes the local control municipalities and counties have by
allowing for new development in urban areas without requiring that
roads and other transportation options be in place, also known as
concurrency. Taxpayers, rather than developers, could be footing the bill.
That
is lamentable, indeed, but when commissioners and council members say
they do not understand how the legislation will affect their
constituents, then the Legislature has created a major problem.It
is unfortunate that this bill was pushed through at the very end of the
legislative session, limiting thoughtful and open public debate.
...A
court should at least properly interpret the meaning of the law. Better
yet, it should deem the law unconstitutional and nullify it. We wish Lee County success in its lawsuit, for the good of all of us.
http://www.news-press.com/article/20090711/OPINION/907110331/1002/RSS01/Editorial--SB-360-must-be-nullified
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