GRU Authority files lawsuit against City of Gainesville and Supervisor of Elections
Press release from Gainesville Regional Utilities
GAINESVILLE, Fla. – On Tuesday, Sept. 10, the Gainesville Regional Utilities Authority (GRUA) filed a complaint against the City of Gainesville and the Alachua County Supervisor of Elections, asking a judge to declare a referendum that could dissolve GRU’s current governing body “null and void” and to keep the referendum from appearing on the November ballot.
Filed by GRU Authority attorneys Folds Walker, LLC. and Theriaque & Spain in the Eighth Judicial Circuit Court, the complaint argues that the City of Gainesville’s ballot measure violates the Special Act of the Legislature that created the GRUA.
Specifically, the complaint argues:
- The Special Act states that if “any charter provision, ordinance, resolution, decree, or any part thereof conflicts with the provisions of this article, the provisions of this article shall govern …”; and
- The ballot measure violates the City Commission’s legal requirement to “effectuate an orderly transition” of GRU to the Authority.
Additionally, the complaint argues that the ballot summary is misleading because it implies GRU oversight would return to its pre-Authority status. The referendum does not restore Section 3.06 of the City Charter, which identifies the utility’s general manager as a charter officer who reports to the City Commission. The complaint argues it’s unclear who would oversee GRU and where that person would report.
The complaint ultimately asks the judge to:
- Declare the proposed charter amendment passed by the Gainesville City Commission in June 2024 null and void.
- Keep the Alachua County Supervisor of Elections from placing the referendum on the November ballot.
- Keep the City of Gainesville from enforcing the referendum if it is placed on the ballot.
Background:
- In June 2023, the Florida Legislature passed House Bill 1645, which amended the city’s charter, taking GRU oversight away from the City Commission and replacing it with the Gainesville Regional Utilities Authority, an independent board appointed by the governor.
- In June 2024, the City Commission approved a ballot initiative that removed Section 7 from the City Charter, eliminating the GRU Authority.
- On Wednesday, Sept. 4, the GRU Authority approved the process of developing and filing a complaint through attorneys Folds Walker LLC., with final approval from GRU’s CEO.
- On Friday, Sept. 6, while dismissing Doughtie v. City of Gainesville and Ashley Moody in her capacity as Florida Attorney General, Judge Allen Winsor wrote, “As a matter of law, the Authority and the City are separate entities,” paving the way for the GRUA’s complaint.
When did the GRU board authorize Theriaque & Spain to represent them in the litigation? Now it’s two law firms feeding at the trough?
For the first time I am happy to have my tax dollars spent on this. Hope GRUA has total success and shuts down these special interest groups and the CC lap dogs permanently
The legitimately elected leaders of a democracy are not by definition “special interest groups”. They are the voice of the people, changeable whenever the people want. By comparison the GRUA is the voice of the Governor, elected by millions who don’t live here or near here.
When/if GRU becomes insolvent, it’s going to be the State of Florida/Tallahassee that is left to pick up the pieces…. not, local residents or government.
There is a fiduciary duty here that I’m proud to support.
1. GRU had the same credit rating as FPL when it was taken over by the state GOP.
2. No, local residents will be responsible through their government.
Sorry Jazz…
You have a severe comprehension problem..
…the city & county are subservient to the state and The voice of millions of voters voted Desantis in office.
The people have spoken!
Yeah. If you don’t like the way it works Jazz, move to Gaza & make a difference.
Then by your reasoning, Florida is subservient to the Feds and the 80+ million voters who elected Biden. I look forward to him throwing out HB1645 and firing the “authority”.
“The people have spoken.”
The majority of city and county voters continue to elect the goofballs that gave us the biomass plant along with the free bus system in addition to stealing millions from GRU to fund numerous projects that do not benefit the taxpayers.
Should be easy then for you to win the next election.
Good luck!
What I find most interesting is that Walker et al. sued the City of Gainesville and not the City Commission. The complaint lays out the great harm being done to GRU by a rogue City Commission.