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Dade City can keep annexed property
By CHASE SQUIRES, Times Staff Writer
DADE CITY -- A judge on Tuesday rejected Pasco County complaints that Dade City improperly expanded its city boundaries earlier this year, siding with the city in what has been an ongoing scuffle between the two governments. With the court's ruling in the books, the fight might be moving to the state bureaucratic arena instead. In a four-page ruling, Circuit Judge Maynard Swanson denied the county's lawsuit seeking to undo the April annexation. He also rejected county complaints that the annexation of 155 acres, including the Roadside Groves property, near Happy Hill Road, was an ungainly and illegal "finger" -- an unusually long, thin and ungainly string of properties linked together for annexation purposes. The ruling ends the lawsuit, but not the dispute. Swanson wrote that he never considered the future use of the land in his ruling. That, he said, is not up to him. Pasco County already has taken its case to the state Department of Community Affairs, which oversees land use and planning. Still, the judge's ruling left Dade City Manager Doug Drymon pleased the court acknowledged a city's right to grow. He also was optimistic that the city could soothe county concerns by demonstrating the ability to serve the annexed properties with utilities. "Some of the things, we think we can nail down pretty easily," Drymon said. The city has water lines and a well in the area, and city sewer lines for both residents and those living outside city limits could reach the area well before anyone gets around to developing the large Roadside Groves property, Drymon said. Dade City might also be willing to share impact fees with the county to meet the strain of growth on area roads, he said. "It's not difficult to see all these pieces falling into place within a relatively short period of time," Drymon said. County Attorney Bob Sumner said the county will continue to question the annexation through the DCA and will ask the agency to press Dade City on how it will deal with new road and utilities demands. "There is nothing changed at all," Sumner said. Already, the DCA has expressed interest in the annexation and the city's plans to allow development. In a Dec. 13 letter to the city, Division of Community Planning director H.B. "Sonny" Timmerman wrote, "The Department has concerns that the proposed amendments are not adequately supported by data and analysis regarding public facilities (transportation, potable water and sanitary sewer), urban sprawl . . . protection of natural resources, annexation planning and intergovernmental coordination." The agency recommends the city return several documents and studies to support its plans. City and county commissioners are scheduled to meet Jan. 14 to talk over Pasco's annexation objections. Sumner said commissioners on Tuesday gave him the authority to meet with city officials in advance to try to work out some compromises ahead of the meeting.
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