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Lawsuit seeks refund of taxes

Thirteen plaintiffs caught up in a Crystal River annexation that a judge reversed want back the money paid while part of the city.

By ELENA LESLEY
Published September 26, 2006

CRYSTAL RIVER - Property owners who paid taxes to Crystal River during a short-lived annexation have sued the city to get their money back.

Attorney Carl Bertoch, who represents the 13 plaintiffs, said his clients hope to retrieve about $16,000. Rodger and Renee McPheeters, who vocally opposed the annexation, are among those suing the city.

The conflict hinges on Crystal River's decision to annex 520 acres south of the city limits. The main target: RealtiCorp land east of U.S. 19 on which a Wal-Mart Supercenter was planned.

The annexation move came after RealtiCorp's land use negotiations with county government fell through.

Thirteen months after the 2004 annexation, a circuit judge sided with Citrus County government and property owners opposing the annexation, declaring it illegal.

"They cherry-picked properties to avoid having an election," Bertoch said. "They had a preconceived goal."

Namely, assisting RealtiCorp, he said.

Whatever the motivation behind the move, City Attorney Anthony Perrone, who did not work for the city at the time of the annexation, said the annexed territory had created an illegal enclave.

"I've researched this, and it's the first commandment of annexation: Thou shalt not create an enclave," Perrone said.

But, Perrone said, the city did provide services to property owners during the period that their land was annexed, such as fire and police.

"It was a protected area under the auspices of the city," he said.

Bertoch countered that because the annexation was declared illegal, all actions related to it were invalid from the beginning, including tax collection.

Plus, he said, he was "not prepared to say the city rendered any services of any particular value."

Perrone said he will bring the suit before the City Council to see whether council members want to fight it or settle.

Meanwhile, Bertoch said, he would consider sitting down and talking with the city, perhaps regarding some form of credit for services.

"As a matter of law, (the city's) not entitled to it," he said. "But we might consider something as a matter of fairness."

[Last modified September 25, 2006, 22:37:50]