Federal judge dismisses lawsuit challenging GRU Authority, writes that City and Authority are separate legal entities
BY JENNIFER CABRERA
GAINESVILLE, Fla. – A federal lawsuit filed by Nath Doughtie to challenge the constitutionality of the GRU Authority has been dismissed by Judge Allen Winsor due to lack of standing. Judge Winsor held in his order that the Authority and City of Gainesville are separate legal entities “[a]s a matter of law.”
Doughtie’s complaint asked the court to provide injunctive relief to address his claim that HB 1645 violated his First and Fourteenth Amendment right to vote for the board that governs the utility; Doughtie is a retired Circuit Judge in the 8th Judicial Circuit of Florida and was a County Judge in Alachua County before that.
Doughtie originally sued the City of Gainesville, Governor Ron DeSantis, Secretary of State Cord Byrd, and Attorney General Ashley Moody, but he later voluntarily dismissed his claims against everyone except the City. Judge Winsor later granted Moody’s unopposed motion to intervene to defend the constitutionality of HB 1645.
Winsor wrote that Doughtie had the burden of showing standing, which required showing that he suffered an injury, that the injury could be traced to conduct of the City, and that the injury could be redressed by a favorable judicial decision. The judge accepted that Doughtie had suffered an injury because he wants to vote for the people running GRU, but he wrote that Doughtie had to show that the City’s enforcement of HB1645 causes the injury and that he did not.
Winsor wrote, “A significant problem here for Doughtie is that, as the Attorney General argues, the Authority and the City are separate legal entities.” In a note, he wrote, “The City seems to disagree with the Attorney General. As Doughtie noted, the City’s answer admitted the Authority is a unit of the City without separate legal existence… But this is a legal issue… [a]nd parties’ agreement on legal issues are not binding.”
Winsor continued, “Since the Authority is separate from the City, its actions in enforcing [HB1645] cannot be imputed to the City for standing purposes… Doughtie must show that the City enforces the specific provisions of the Act that cause his injury. He has not done that.”
Winsor also noted that the Authority would not “be bound by an injunction against the City.”
In another note, Winsor wrote, “Doughtie has not shown (or even alleged) that the orderly transition section 7.10 requires has not already occurred… So he has not shown that an injunction preventing the City from assisting in the transition would remedy his alleged injury by allowing him to vote for governing members.”
Finally, Winsor wrote that Doughtie seemed to suggest that “the court could essentially eliminate [HB1645] from Florida law. He ‘seeks an order invalidating’ [HB1645]… and thus restore his right to vote… But ‘federal courts have no authority to erase a duly enacted law from the statute books.’… Instead, courts can only enjoin Defendants ‘from taking steps to enforce a statute.'”
Winsor dismissed the lawsuit “for lack of subject matter jurisdiction” without prejudice.
GRU CEO Ed Bielarski said, “Judge Winsor makes the distinction that the GRU Authority has been repeatedly making: GRU is a department or unit of the City while the GRU Authority, like the Orlando Utilities Commission, is ‘a distinct legal entity that operates mostly independently of the City.’ Ostensibly, the GRU Authority is an entity that can sue and be sued, clearing the path for the legal complaint approved by the GRU Authority on Wednesday of last week.”
p. 11, note13: ” How the debacle of two groups battling for control might resolve is anyone’s guess”. My guess is that it would be a disaster for GRU ratepayers. This opinion, along with Dempsey’s “Omnibus” Judgment form the law of the case and further doom any further legal challenges.
Another waste of taxpayer money brought to you by the Ward and the gang.
BS ruling from the ex-Solicitor General of Florida, appointed by Trump. (He went undergrad to UF and law at Auburn – translation?
Not smart enough to get into UF Law. “In 2024, the University of Florida’s law school was ranked 22nd, while Auburn University’s law school was not ranked.”)
“Winsor wrote that Doughtie had the burden of showing standing, which required showing that he suffered an injury, that the injury could be traced to conduct of the City, and that the injury could be redressed by a favorable judicial decision.”
It’s the conduct of the state, not the city, that created this rip off of city property. I think theft is against the law? Am I wrong on that?
I think theft is against the law? Am I wrong on that?
–Ask anybody who has had their property stolen as a matter of “eminent domain.” The government decides the value of the property that they steal. Nice racket.
Aren’t they indeed two different entities?
Which should equate to having two different purses, but apparently the City thinks what’s mine is mine and what’s yours is also mine.
But really, it’s the conduct, or should I say, misconduct, that has gotten us to this point.
The city owns GRU. The states only legitimate authority is to oversee rates.
But, but, Jizzman – that’s counter to what you’ve been spouting for the past year.
The City should be listening and legislating policies to benefit the majority of residents, not themselves and 5% of the populace. Just because you like wanking them off doesn’t mean the rest of us should be getting screwed by them.
I know it’s early but give it a rest or go get some more cream. Word on the street is Harvey’s got plenty to go with those donuts.
Jazzman,
Once again, I can see you are working with us rulers in Gainesville. You saying that GRU is owned by the City is exactly what we want the dumb commoners we rule over to think. Here is a quote… “The first thing to know is that the new law does not change who owns GRU. The utility is still owned by the residents of the City of Gainesville,” Ward said….Jazzman, I wish I never slipped up and said that out loud, but with the help of people like you, or as like to think of you, my little soldier marching to the beat of my drum and obeying in lock step, we can trick the dumb residents that this is our utility not theirs. Like I have mentioned these underlings (don’t get excited Jazzman, i didn’t say underwear) that I rule over don’t have the ability to think for themselves. We must keep the citizens from thinking they own the utility and continue to perpetrate the lie that we own it. Anyway, good job my little soldier person (she what I did there, I am allowing you to pick your gender).
Jazz’s preferred prounouns are
They/them. Please respect his pronouns.
The PSC oversees rates but not with utilities owned by a municipality…
They found a determination of need for the biomass plant based on BS future generation need.
What a bunch of BS that was with the redacted contracts & trade secrets.
GNV CC & Hanrahan ruined our utility by trying to comply with UN
Kyoto protocol climate change BS…put us into debt and to where we are now.
The authority will run the utility using best management practices and keep our utility rates fair.
Fact check. Auburn University does not have a law school. “Bs ruling?” What are your credentials?
You’ve got it in reverse. he got his Bachelor of Science in Business Administration at Auburn and got his JD from UF. https://www.fjc.gov/history/judges/winsor-allen-cothrel
Don’t let facts get in the way of Eastman’s feelings! As a true liberal…feelings, not facts, are the basis of his life.
Jazzman, as usual, has his facts wrong. POTUS does not appoint state officers, PERIOD.
You should consider keeping your suck closed before opening and removing all doubt!
Winsor, Allen Cothrel
Born 1976 in Orlando, FL
Federal Judicial Service:
Judge, U.S. District Court for the Northern District of Florida
Nominated by Donald J. Trump on January 23, 2019, to a seat vacated by Robert Lewis Hinkle. Confirmed by the Senate on June 19, 2019, and received commission on June 21, 2019.
Education:
Auburn University, B.S.B.A., 1997
University of Florida Fredric G. Levin College of Law, J.D., 2002
Jazzman, who has repeatedly assured us that he works in the building industry, speaks as if he is qualified to weigh in on the validity of any judicial ruling, but he just uses the simple heuristic of whether the judge was appointed by a president he liked.
Well written report. Tricky issue as to who to sue. If a law is unconstitutional, the legislature is not the defendant, but the enforcing agency is. Our problem is that the law creating the unelected agency is unconstitutional, not necessarily what it does. The dismissal is without prejudice to amend. Perhaps the pending charter amendment will be decisive.
Nate,
The utility authority is just another unit of government like the airport authority.
GNV lost the airport to the Gainesville Alachua county regional airport authority act
What did the GNV CC and the city manager know about running an airport? Zero!!!
No landing fees ever collected.
runways into wetlands without permits…parking lot money went missing…
Marion Radson really screwed that up and no one ever read CH35 of the municipal codes…
Best thing ever happened to our airport was being taken over and governed by the GAACRAA
We can vote out local officials with whom we disagree, but not appointees from the Governor. Is that so bad? Do we want any Governor to appoint our Ciy Commissioners ? .
If the UF students and few locals who still bother to vote in local elections continue select the politicians who are ruining GNV, then it might take action by the governor. SAD.
The Governor can remove the Mayor and City Commissioners who refuse to honor their oath to uphold the Florida Constitution and obey an express preemption of their now vitiated control over GRU.
The Florida constitution requires that “local officials’ (mayor and commissioners) be elected.
I have no problem with the governor appointing someone in a position that needs a replacement like how Gainey replaced Watson.
The Governor is the top man and was elected by the people.
Judge Dempsey ruled that only the GRU Authority has standing to challenge the facial constitutionality of HB 1645.