Fill out this form to email this article to a friend
Briefs
Developer wants judge off case
By Times Staff Writer
Published December 30, 2005
INVERNESS - The developer of the Halls River Retreat condominium project has asked that Circuit Judge Jack Springstead disqualify himself from presiding over the property rights lawsuit the company has filed against the county.
In November, Circuit Judge Patricia Thomas recused herself from the lawsuit. The region's chief judge assigned Springstead, who typically hears Hernando County cases. In a motion filed this week, New Port Richey attorney Frederick T. Reeves said the company fears it cannot receive a fair trial from Springstead. The reason, he said, dates back to the legal challenges to the Halls River Retreat project that began in 2002. Springstead presided over that case, which sought to prevent development of the company's property and ultimately ruled that the 54-unit condominium project violated Citrus' comprehensive plan.
Transcripts of hearings in that case, the lawyer said, show that Springstead is biased against the developer. Company president F. Blake Longacre has also filed an affidavit saying he believes Springstead is prejudiced against Halls River Development Inc. The company alleged in a lawsuit filed in October that the county government's elimination of the mixed-use zoning category caused its property to decline in value by $3.5-million. The company seeks relief pursuant to the state's Bert J. Harris Private Property Rights Protection Act, which lets property owners sue local governments if their property value is "inordinately burdened" by government action.
[Last modified December 30, 2005, 00:56:10]
Share your thoughts on this story
|