Appellate court upholds 2020 ballot referendum that established a County Growth Management Area
BY JENNIFER CABRERA
ALACHUA COUNTY, Fla. – After years of litigation, the 1st District Court of Appeal has affirmed a district court opinion that upheld Alachua County’s 2020 ballot referendum to establish a County Growth Management Area.
The charter amendment established a mapped area in which the County’s land development regulations and Comprehensive Plan apply to land development applications for properties, whether those properties are inside or outside of municipal boundaries. The cities of Alachua, Archer, and Newberry filed a lawsuit challenging the referendum, arguing that the language was misleading because it didn’t explain that the County’s regulations would continue to apply in land annexed by cities in the future.
In January, Judge Gloria Walker ruled for Alachua County, writing that “[a]ny incidental impacts on municipal annexation or zoning does not make the ballot title and ballot summary misleading. The chief purpose of the amendment is fully explained in the ballot title and ballot summary, and voters were, therefore, informed of the chief purpose of the amendment.”
On December 2, a three-judge panel of the 1st District Court of Appeal affirmed the decision.
But…but…what about those home rule proponents?
“…Alachua, Archer, and Newberry filed a lawsuit challenging the referendum, arguing that the language was misleading because it didn’t explain that the County’s regulations would continue to apply in land annexed by cities in the future.”
The suit charged that the referendum was misleading, not unjust, and county citizens voting on the governance of county land is home rule.
I imagine the judge is having a happy and profitable holiday season.
So, when a case doesn’t go how you wish, you question the integrity of the three judges on the appellate court. With no evidence to support your theory. Classy, very classy.
“Mary” does this regularly Markus..
The city trying to sidestep around the utility authority with that BS election will go nowhere. The city is subservient to the State. The utility authority is going nowhere. Nice try! 😃
This story has nothing to do with that.
For the benefit of these commenters above me, and especially Bullwinkle, what has this decision of a disagreement between GRU and Gainesville, neither of which is mentioned or discussed in this article?