After failed mediation attempts, a judge orders Weeki Wachee Springs and Swiftmud to return to court.
By CHANDRA BROADWATER
Published August 23, 2006
BROOKSVILLE - With no end in sight, the ongoing legal battle between Weeki Wachee Springs and the Southwest Florida Water Management District continues - in more than one court.
A hearing scheduled Tuesday afternoon between the water park and water district was canceled after Hernando County Circuit Judge Richard Tombrink ruled on the side of Swiftmud, agreeing both sides should return to court to resolve the case.
Swiftmud filed the court proceeding request in May, after a series of mediation talks with Weeki Wachee failed to end the two-year disagreement between the sides. Weeki Wachee officials said the motion caught them by surprise, since they wanted to continue what were considered positive conversations.
"It's a shame," said John Athanason, Weeki Wachee spokesman. "We got so far. Why would we want to go backwards?"
In his ruling, Tombrink also denied Weeki Wachee attorney Joe Mason's request to start the mediation process over again. Mason maintains that the first try at coming to an agreement outside of court didn't follow state law.
He has since filed an appeal with the 5th District Court of Appeal in Daytona, asking the court there to rule that Tombrink was wrong for sending the city of mermaids and the water district back before a judge.
In the meantime, the appeal has indefinitely stalled court proceedings in Brooksville. Mason has also filed a motion in Hernando courts asking that Swiftmud pay Weeki Wachee's legal bills because the water district didn't agree to follow mediation proceedings as it should have.
In the next 20 days, Swiftmud spokesman Michael Molligan said the water district must file a brief with the appellate court stating why Weeki Wachee's petition should not be granted.
"We'd like to have it resolved, but it's not," Molligan said. "We have no option other than to move forward with the court proceedings."
The water park and water district, which owns the springs where the park is located, have been in legal battles since 2004. Among other points, Swiftmud has questioned whether the city broke state law by keeping the private company, Weeki Wachee Springs LLC, intact when it was donated to the city.
Weeki Wachee also filed suit against Swiftmud, arguing that state law does not prohibit the city from owning the attraction.
After Tombrink deemed months of litigation excessive, the groups went through mediation. Talks fell apart in 2005 and led back to court.
A meeting in March at Swiftmud headquarters in Brooksville marked yet another try at mediation. The public session ended less than an hour later, unresolved.
Most recently, Swiftmud chairman Tom Dabney and Weeki Wachee Mayor Robyn Anderson met in Tampa - without lawyers - to review the terms of a new lease the attraction has yet to sign with Swiftmud.
The two sides walked away from the six-hour session confident that they would finally come to an agreement, and with only one major sticking point to overcome: Swiftmud wanted Weeki Wachee to obtain permission, or what's referred to as an "underwater lease" from the state Department of Environmental Protection to use the springs and the river the attraction is located on.
While the water park looked into the costs of dealing with the DEP, nothing was ever presented to Swiftmud, Molligan said.
"We'd be happy to look over any proposals they have dealing with the issue," he said. "But we haven't received anything."
