As expected, 15 owners file suit to contest the city's incorporation of about 520 acres. The county also sues for the same reason.
By COLLEEN JENKINS
Published May 27, 2004
INVERNESS - They waited until nearly the last minute, but their action seemed inevitable for months.
Citizens Opposed to RealtiCorp Annexation sued Crystal River on Wednesday, the deadline to challenge the city's annexation of about 520 acres.
"It's too bad that we have to do this, but common sense didn't seem to prevail at City Hall," said Dr. Tom Dawson, chairman of the group of business owners affected by the incorporation.
Citrus County beat CORA to the courthouse. On Tuesday, as expected, the county also sued Crystal River. In a detailed 54-page lawsuit, the county outlined its complaints with the annexation of land south of Crystal River.
Among the points of contention: Large-scale development in the area could jeopardize federal funds for nearby county-run Crystal River Airport, could create the need for expensive new roads, could stress water service and undermine a water rights agreement, and could violate state statutes guiding urban growth.
The county also will enter into a mediation process with the city.
CORA's 14-page petition reiterated the county's positions and elaborated on some of the group's pet concerns.
Many of these questions have been around since the organization formed last fall to fight what the business owners thought was the unseemly annexation plan proposed by RealtiCorp, a South Carolina developer that owns about 200 undeveloped acres included in the annexation.
RealtiCorp approached the city about annexation after talks about building a Wal-Mart Supercenter at Ozello Trail and U.S. 19 broke down with the county.
In its suit, CORA argues that the involuntary annexation plan is not reasonably compact, creates unlawful enclaves and pockets of land, and improperly bypasses contiguous, developed urban properties.
The organization questions how Crystal River can annex a milelong area of property with only 425 feet of the land being contiguous to the city.
CORA also takes the city to task for failing to recognize registered voters who live within the annexation area. Rodger and Renee McPheeters recently established their residence in the strip shopping mall they own on U.S. 19; however, city officials questioned the legitimacy of their new home.
Before the annexation passed April 26, city employees went to great lengths to prove the McPheeterses were not actually residing in the office space. Those efforts included a week of sending a city police officer to take pictures from outside the residence.
But according to CORA, state law entitles the McPheeterses to a referendum vote on the annexation. Only Supervisor of Elections Susan Gill has the authority to determine who is a legal, registered voter, not the city, the lawsuit states.
Gill is not contesting the McPheeterses' registration status.
The McPheeterses are among 15 business owners listed as petitioners in the suit, which was drafted by CORA attorney Carl Bertoch.
It's not something any of them particularly wanted to do, Dawson said. Some members feel bad about suing their city, he said.
But, he added, they felt they had no other choice.
"As property owners, we are definitely entitled to this lawsuit," Dawson said. "We're very optimist about our chances."
