BREAKING: Judge rules that if GRU ballot initiative passes, City cannot take control of GRU until a full hearing on the case is held in December
BY JENNIFER CABRERA
GAINESVILLE, Fla. – At the end of today’s hearing on a petition filed by the GRU Authority, asking for an emergency temporary injunction against the City of Gainesville, Judge George Wright granted the injunction. The ruling means that even if a majority of voters in the city of Gainesville approve the initiative that would give control of the utility back to the City Commission, no changes will be made until a full hearing on the case is held in December; if the voters do not approve the initiative, the case will be moot.
Following nearly four hours of testimony, Judge Wright went through the four prongs that determine whether a temporary injunction should be granted.
The first is that there is no adequate remedy of law available to the plaintiffs other than the injunction. He said that, based on witness testimony, dissolving the Authority would likely reduce the bond ratings and would be an “injury to the full faith and credit of Gainesville Regional Utilities… [that] certainly can’t be compensated.”
The second prong is whether there would be irreparable harm if the ballot measure passes and the City regains control of the utility but an appeals court rules that the ballot measure was invalid. Judge Wright said, “The law recognizes that a continuing constitutional violation, in and of itself, constitutes irrevocable harm. So my finding as to that is that certainly there is an allegation and evidence… that there is a conflict between the enacting statute and the resolution and ordinance presented by the City of Gainesville.” He said that both the City Commission and the legislature represent the people and added that he was persuaded by the argument that multiple changes in GRU governance would constitute irreparable harm, due to projected credit downgrades.
The third prong is whether the plaintiffs have a substantial likelihood of success on the merits of the case. Judge Wright said, “The argument advanced by the City is essentially, ‘By what right do they have to exist?’ And I think the answer is, ‘By statute.'” He said the issue was “whether or not the City has the legal authority to present an ordinance to the citizens of the city which would, in effect, defeat an Act of the legislature.”
Regarding whether an injunction would serve the public interest, Wright said he couldn’t find any cases that had directly considered the issue of whether the City has the right to present an ordinance overturning a Special Act of the legislature, so that would be an issue when he hears the case on its merits. He continued, “Ultimately, the issue is, ‘What is the status quo?’ The status quo is that GRUA is in existence… Public policy maintains that that status quo be maintained until we have… a determination [on the merits].”
Wright said he would order that whatever the results are of the ballot initiative, “the status quo will be maintained,” so if it passes, the City will not be able to take control of GRU until he rules on the merits of the case; if the ballot initiative does not pass, the issue will be moot. Wright said the trial on the merits will be a two-day hearing, likely around December 19th or 20th.
Great
The city does not represent the people; only those within GNV. A large number of GRU customers live outside GNV and pay more, with no representation.
All forced-customers of GRU should have been able to vote on this, not just city residents.
Almost all utility customers are “forced”, i.e., we practically cannot individually select our provider. In this case the city – not the county, not all GRU customers – own GRU. Just as you would have no say in how FPL spends it’s profits – or anything else they do outside the scope of the state Public Service Commission – you have no say in a utility you don’t own part of.
I would imagine many FPL customers would not have been happy to learn the company gave $100k in dark, illegal campaign money to Keith Perry which he used to cheat his way to a narrow victory in one of his elections. (Shortly thereafter his district – and Chuck Clemon’s – were thinned of even more Alachua County voters like me, who now have our state rep in McClenny and our state senator in Orange Park. Shortly after that Perry and Clemons got the anti-GRU/Gainesville law passed, a likely pay off to FPL who is mentioned as a possible buyer of GRU. Stinks, right?)
It stinks and it’s not at all surprising despite the fact that Keith Perry thinks the Bible is the literal truth (as in “God created the world in seven days for real for real”). But people like him are convenient Christians, not actually dedicated to doing the right thing, whether they’ll get caught or not.
Let’s start with the claim “owned BY THE PEOPLE IT SERVES” that means all customers! Now who chose to make that slogan? The city. Who chose not to change it? The city. So now that would mean the city FALSELY ADVERTISED for how many years? Hmmm does that mean we on the outside get to get our money back since you say we don’t or didn’t own it? Does that mean we can sue the CITY OF GAINESVILLE?
Jazzman the state rep in McClenny supported this act… Jesus just give up!
The state rep in McClenny has nothing to do with our county or town other than being the the guy our overlords in Bradford, Union, Columbia county choose to represent us.
That’s the whole fing point.
Not that the judge doesn’t want to make a decision, just hopes voters will prevent him from having to.
The judge said he was prohibited by law from ruling on the merits in an emergency injunction hearing.
Got it. Still think the legalese is a bit telling.
What a crock and what an idiot:
“He said that both the City Commission and the legislature represent the people….”
Hey, Biden represents the people too, so i guess the feds can come take over GRU and this fool wouldn’t know the difference.
Knucklehead. As you so often point out, the legislature, as voted on by a majority of Florida voters, does represent the public. Maybe not the public you represent, but the majority public of those who elected them.
About the only thing Biden represents now is the poster boy for the intellectually challenged who should not be President of the United States.
Your comment is internally illogical, not a surprise.
If you agree with this judge’s idiotic statement that politicians representing Miami, Pensacola, Two Egg, Sopchoppy, and Yee Haw Junction have a superior claim to running Gainesville than it’s own citizens and it’s elected leaders means a politician representing Hawaii, Maine, and Georgia does also and you should have no problem with Biden taking over Florida and Gainesville.
Of course no sane person would say that, which tells us much about this hack and the comment board here, where the supposed “conservatives” cheer on every precedent changing usurpation of local power by the state because they want what they want and democratic small government close to the people principles be damned.
Did I say that?
Given the current crop of city commissioners, and the obvious ignorance of the voters who placed them on the dais, I’d venture to say many of those you mentioned would do a much better job of running Gainesville. That “interference” you refer to is the same political strong arming county leaders use against outlying city governments.
As far as Biden running Florida, he’d be better off learning to ride a bike again.
The people of Miami, Pensacola, Two Egg, Sopchoppy, and Yee Haw Junction would be on the hook for bailing out the financial collapse that seems imminent without major changes, so yeah, the people of the state have an interest in righting the ship.
You are using absurd logic
The majority of our state legislative delegation sponsored or supported the independent GRU Authority.
Our state legislative delegation covers the entire GRU coverage area, including people outside the city.
As for comparisons with the federal government, the City is a creation of the state. States are not subdivision of our federal government and cannot be dissolved or rearranged by it.
Perry and Clemons don’t represent Alachua County or Gainesville. They represent Marion, Levy, and Clay County where they get their votes from. In fact, as their elections were getting a little too close, their districts were further gerrymandered by cutting out more Alachua County voters – me, who lives 2.5 miles from Gainesville city limits, one of them.
And who do they represent,?????. Get real
I said “Marion, Levy, and Clay County” mistakenly. Substitute Gilchrist for Clay.
Now you know what it feels like to be a Republican in California.
I’d suck it up and get over it… things aren’t going to go your way for a long, long time. State numbers and trends aren’t on your side.
I can live with being a political minority in the state when that happens, it’s the stealing of power by the state from local governments that I object to as a matter of principle. So, if Republican led local governments in California are undermined by the state, I oppose that as well.
PS California is one of the states that does it’s redistricting by a non-partisan commission, so we know they don’t gerrymander their districts to screw Republicans like they do Democrats in Florida.
https://wedrawthelines.ca.gov/faqs/
Wrong, the President is not anyone’s Representative. Go back to Civics 101, Jazzman. Your Representatives are in the Congress, Legislature, and thanks to the 2022 voter referendum, the County Commission.
The President is elected by the States to Preside over the Union, hence the name.
Your ignorance is astounding, and it also explains why you are wrong on so many issues.
Given you miss the point by a mile, pretend – that’s what we are doing in a hypothetical – that Congress passed a bill giving Biden the power to take over Florida’s parks, water management oversight, and highways. According to this idiot judges reasoning “.. both the state government and the federal government represent the people….”.
Yes, that is true, but hopefully your superior intellect can grasp the problem for our country if that view was mainstream on the bench or anywhere.
It gets worse:
“He said the issue was “whether or not the City has the legal authority to present an ordinance to the citizens of the city which would, in effect, defeat an Act of the legislature.”
Yeah, it’s the same thing as if the city challenged state highway funding because it’s an act of the legislature – NOT!
Does this clown understand that THE CITY OWNS GRU!!! He lacks understanding of principles 6th graders would.
Again, you’ve said many times the residents own GRU. I’ve yet to find a single resident who supported and gave the City permission to raise their utility rates and paint rainbow colored sidewalks. A majority anyway.
I’m sorry you don’t understand elections and democracy. No civics course yet at Howard Bishop?
So that’s what’s got certain board members so upset? Or is it that’s why a certain group of voters have only learned to vote as they’ve been told?
No , they focus on politics , agendas, and quotas. Not education.
Jazz, You’re clearly the one ignorant of civics. Here’s a quick tutorial.
1. Republics aren’t democracies.
2. Republics elect representatives to govern through legislation.
3. The hierarchy of Federal-State-County-Municipality is well established. The limits are at the Federal level where the US Constitution only provides for a limited Federal Government.
4. Bonus – the President doesn’t represent anyone, he/she Presides, hence the name, over the Union of States.
Your demonstration of ignorance explains so much about why you comment the way you do.
TruthB, republics are a subset of democratic governments. In both, the intent is that the people rule by voting and in fact in both, the people do vote. A republic is a form of democracy, it’s most salient feature being that the people elect their leaders.
Get it, genius? Your a victim of propaganda and small scale thinking.
Gosh you whine a lot when things don’t go your way. Maybe move out of the Free State Of Florida would make you feel better.
Been here longer than most of you and the Governor, and I’m not going anywhere. My problem isn’t with Gainesville and Alachua County, it’s the minority of residents and the neighboring counties who are in a continual gripe here and want us taken over by Tallahassee, like you.
I think the idea is that the City owns GRU, but the Authority MANAGES it. It’s been placed in a conservatorship by the state, more or less. Get used to it.
It was a hostile takeover by the state GOP, which if it truly was concerned, and not just sticking it to our town, had other options. GRU at that point and until the “authority” took over, had the same credit rating as FPL.
“Get used to it” means stop crying like a little girl about it.
Jazz: I didn’t want biomass that ruined GRU…this wouldn’t have happened if Hanrahan didn’t try to stop climate change ….now the state had to come in to straighten
Sh!t out…do you understand this?
It’s simple…
GRU and FPL had the same credit rating when the state GOP took it over. But assuming things were as terrible as this out of town Republicans claimed, there were many options the state could have taken to oversee corrections to those problems that did not include stealing it from the citizens who own it.
Hey jazz, have u heard of the 2 billion dollar wood burner?
The “city” does not “own” GRU; the people of GNV do. The city politicians are supposed to represent the citizens, which they refuse to do, interested in only their pet projects. Harvey Ward and his minions couldn’t care less about their core responsibilities and infrastructure.
The citizens are able to elect different leaders if they don’t like the current ones, and which ever ones they elect, represent them. You apparently need a civics course. This is not difficult
I’m sorry you don’t understand elections and democracy.
Well, I’m included in the county with no vote and no other options than GRU.. So if we can have a vote, I should not be stuck with GRU!!!!!!
Dude, all of us are “stuck” with whatever electric company services our area, and we have no say in how it spends it’s profits. You think FPL customers were happy to learn that it gave $100k in dark money to that traitor Keith Perry to help him rig his election?
What about the 2 billion dollar wood burner you advocated
You’re high Walk. I have no opinion on the “wood burner” – I don’t know enough – and have never said a word to anyone about it pro or con.
Hey Jazz which is it the citizens of Gainesville own GRU or the city owns GRU
The people own GRU but many people are owned by the city commission. The city takes their neighborhoods, sells them to the highest bidder, and then raises their taxes and costs of living on whatever they can find.
Despite celebrations and a lot of talk, some people just like being bound.
I’m sorry you don’t understand elections and democracy.
You do like repeating yourself.
That democracy sure worked out for the Porter’s & Seminary Lane areas didn’t it?
I’d say you don’t understand what elected representatives are supposed to do for their constituents. How many times did you have to hit your thumb with a hammer before you discovered it hurt?
I’m sorry that you think that imperfect government results means we should jettisone democracy. I think most real Americans value it highly, as do I.
“democracy is the worst form of government – except for all the others that have been tried.”
Winston Churchill
State took over because city run by morons. 2 billion wood burner. DUH.
Thank you Eastsider. Jazz thinks the giant wood burner is great
I’ve never said that and don’t know enough about it to have an opinion. You 2 are high on shrooms.
You mean no one has given you your opinion on the subject yet.
Unlike the regular magpies on this board, I am quite capable of forming my own opinion on issues of a non-technical nature – on which I defer to the experts – and explaining it for others of at least marginal intelligence. You personally will have to take my word for it on that last point.
The Judge is a DeSantis appointee so seizure of local power by the state will be something he’s used to.
You should be mad. I’d be mad if I just lost my political piggy bank. If you want to change the world then do it on your own dime and leave us the hell alone.
You also supported the 2 billion wood burner
I’ve never said that and don’t know enough about it to have an opinion. I also don’t live in the city and am a GRU customer Slice.
You 2 are high on shrooms.
That’s a profound statement, Even a 5th grader could figure out the Biomass Debacle math would break GRU’s back. You need help.
You conveniently do not know about the biomass debacle but yet you’re lecturing us on principles and morals? You’re either dumb as a rock or deceptive as a snake.
As I said, I defer on technical issues to experts, and given your often displayed ignorance on such matters – see covid vaccines and climate change – I’d especially recommend you do the same.
PS I “know about the biomass debacle”. I don’t know the pros and cons of biomass plants – and don’t really care much – and in any case, whatever the correct action was or is on it is irrelevant to the principles – look up the word, which seems new to you – of democracy, local government, and property which were violated by the state in this menner.
Who are you going to blame when DeSantis is no longer in office? Just wondering. You beat that drum a lot.
It’s the only drum he has, just like the mentally challenged Democrats in DC. Jazzy would love CA with its dictator and insane laws.
Hopefully Jazz will be blaming Governor Simpson or Govenor Nunez or another great conservative we elect after Govenor Desantis!
I can handle losing elections and “conservatives” Glenn, it’s the power grabbing statists like DeSantis and his statist fanboys like you I can’t stand.
You need to get real.
Cities are subdivisions of the state, and can be dissolved or altered by the state.
The State has exercised control over various aspects of various city governments for various reasons, such as gross financial mismanagement.
Private vs Public Utilties:
Private utilities are subject to more oversight by the state Public Service Commission than government-owned utilities. Private utilities are limited in how much debt they can take in, how much they can pay shareholders, and how much they can charge customers.
Customers Outside City Limits:
GRU customers outside the city have the worst of both situations – no say in how the utility is run, and less protection from the state Public Service Protection than private utility customer receive.
.
M, all good points but with an incorrect interpretation of their application.
Yes, the state has this power and the governor has the power to remove officials, but these rules of government were intended to correct acts of corruption and gross incompetence, and as last resorts, not as first steps because of policy disagreements – see DeSantis removal of 2 very successful DA’s – or partisan power plays. No one has been accused of personal enrichment, gross negligence, or dictatorial acts – except the governor. As to GRU, there were other options the state – and it’s credit rating was the same as FPL’s – could have taken before taking over GRU with a board answerable to no one but a governor so disinterested in this particular power play that he totally bungled his 1st round of appointments, with a very short and easy list of qualifications.
Precedent backs me up on this, and the most lasting effect all of this will have is to normalize this kind of BS in the future, when you and others on this board may not like the results so much. I suggest quit trying to justify this by celebrating this stretching of the law and breaking of basic principles – ownership and democracy – or expect it will be done again some place and somewhere maybe not to your liking. .
The republican fascists want minority rule.
Fair rule would be more like it. I’d even go for equitable consideration since that’s what most the liberal lunatics keep crying about.
Just doesn’t happen in Gainesville.
Win an election cry baby.
Now equity doesn’t matter to you? I’ve often thought you were another hypocritical bitch. Thanks for confirmation.
By the way, an election was won. May not have been on the local side but it was statewide. Your problem is, well that’s your problem. You hate DeSantis won instead of “Can’t find my Clothes” Gillum or “Can’t make up my mind” Crist. Maybe next time.
We already have minority rule.
Racist UF Hiring Policy 1-0061:
“The intensified recruitment and consideration of women and minority groups”
https://policy.ufl.edu/regulation/1-0061/
UF is a racist and sexist university. Any UF BS around town needs to be treated as such.
First single member districts, now this.
I can’t handle all this winning!!
the long established political party running the city and county lost control of their future and they can’t stand it.
single member districts and gru authority will remain. toss whatever junk you want on the ballot. won’t change a thing. their circle has been squared.
Your complete lack of principle in favor of results, statist cheerleading, and hatred of democracy is duly noted Slice.
You have no idea how government is supposed to work. We have separate executives, legislators and courts for a reason. Checks and balances. Either take a civics class or stop playing ignorant.
Yes, but irrelevant to the issue. This isn’t about a dispute between branches of government, but in this case collusion or incompetence by the court to favor his tribe.
And yet jazz supported the wood burner. Oh yeah
NO. You’re high.
So Funny, Bevis Azzman Knuckle Head is wasting his time and efforts on his sad, failed supported agenda. He gets more negative votes than Let Go Brandon /Harris . What a loser agenda in denial.
Yeah, well “votes” on this dumb butt board are indirectly proportional to votes in Gainesville and Alachua County.
That’s what you losers can’t stand, perpetually whine about, and why you want the Gov to take over local government.
Your ASSessment is so far off base from reality , kinda bizzare. You are getting better at losing.
You’re not getting better at formulating an opposing point of view.
I attended until 2:15. Nee had 15 objections overruled by then and complained of inadequate time to make more. Nee has no case. No intervenors are with Nee. Since Nee claims to represent GRU, he and his colleagues are conflicted and should not be involved. They would be hard pressed to find independent legal counsel to advance the absurd notion that a municipality can put forth a referendum to nullify a local & special law. This matter warrants removal from office of numerous City officials.
The conversation is clouded by conflating the terms City and City Commission. The City of Gainesville is a municipal corporation of the State of Florida. It owns all city property except airport improvements- which are owned by the Airport Authority. The City Commission has been divested of control of both the airport and GRU by legislative act. The Authority’s suit should be directed at the Mayor and City Commissioners in their official capacity. The GRU Authority is suing itself when it sues only the City since it, like the City Commission, is a unit of City Government. Before her dismissal, Kim Barton was sued in her official capacity in a filing that was way untimely.
Where is this headed? If you could look into your crystal ball, where will we be one year from now?
How about all the Citizens of Gainesville pay GRU’s debt and the County Tax slaves with no vote get reparations? Let the Wokeys go Broke and reap what they have created.
Dude, that’s the point. The Citizens of Gainesville will pay GRU’s debt is what happens without state intervention and if overwhelming, will cause the election turn over you all dream about.