Print

Email story

Comment

Email editor

Redevelopment battle spawns a third lawsuit

St. Pete Beach and a builder take aim at a group's referenda that challenge the city's redevelopment plan.

By PAUL SWIDER
Published December 14, 2005

ST. PETE BEACH - A litany of legal activity now brings to three the number of lawsuits swirling around the city's official vision of its future.

The three suits are directed at six proposed referendum questions generated by Citizens for Responsible Growth, the group aiming to thwart the city's efforts to foster large resorts and mixed-use development to enhance tourism. The lawsuits all seek to have the referenda declared unconstitutional but do not seek any damages.

City commissioners had voted earlier to challenge the referenda that would allow residents to vote on the city's current amendments to its comprehensive plan and on an ordinance establishing a community redevelopment plan.

The city already has had a court hearing on four of the referenda aimed at changing the city charter to allow citywide votes on future comp plan changes and other redevelopment issues, such as the height of buildings.

The city argues that state law dictates comp plans and redevelopment be decided by elected bodies, not referenda, which would slow the process and gut the law's ability to effectively manage growth.

"This is an area of the law that the Legislature reserved for elected officials," said Tim Driscoll, the city attorney.

A decision on the city's first lawsuit is expected by year's end.

CRG and its attorney offered no comment on the city's latest lawsuit.

CRG had sought the four initial referenda during the summer while the group also challenged the city's comp plan amendments in court. The group then withdrew from that legal challenge and instead sought referenda on the comp plan.

"We could interpret that they didn't see a legal problem," Driscoll said, "but that they wanted to make this more of a political issue."

CRG has said its latest two petitions seek a vote on the comp plan amendments but also aim to suspend them pending a vote, meaning the city could not proceed with its plans until after the March elections.

St. Pete Partners LLC, the owner of the Travelodge on Gulf Boulevard, sued CRG and the city, asking the court to throw out the referenda on the grounds they unconstitutionally delay the developer from building a resort as planned.

Avoiding such suits was the City Commission's original rationale for challenging CRG's referenda.

City officials say they are proceeding with redevelopment plans but cannot pass final versions of land development regulations until the legal challenges are decided.

[Last modified December 14, 2005, 00:14:15]