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Crystal River wants judge's okay to annex Plantation land

By ELENA LESLEY
Published February 22, 2007

CRYSTAL RIVER- City Attorney Anthony Perrone will officially seek a circuit judge's approval next week for the city's plans to annex the Plantation Inn and Golf Resort.

He has drafted a "complaint for declaratory relief" and plans to file it Monday.

The Plantation Inn wants to voluntarily join the city for its sewer service and the city would love to absorb the profitable business. Council members voted to go forward with the annexation during a January meeting.

But a sliver of land is complicating their union.

Harbor Isle separates part of the city from the Plantation property. And the people who live there have no desire to become Crystal River residents.

"No one's interested in annexing. What would we get?" Suzy Carney, who lives on Harbor Isle's main street, asked when she heard of the city's intentions. "More taxes and bickering?"

With that kind of reluctance, the city doesn't want to make the same mistake twice. Crystal River's 2004 annexation of RealtiCorp property, which was intended for a Wal-Mart Supercenter, was overturned by a circuit judge.

The move created an illegal enclave, Senior Circuit Judge Richard G. Weinberg ruled.

According to Florida Statute, all annexed parcels must be contiguous to the municipal entities they join. Perrone's declaratory action seeks to determine whether annexing the Plantation property would create such and enclave and, if so, whether that enclave would truly be prohibited under state statute.

"Declaratory relief is proper regarding the subject matter of this action because there is a controversy about the existence of a right, power, privilege, or immunity," the action reads, "and Plaintiff is entitled to have the doubt removed because of a justiciable controversy."

Though enclaves are generally prohibited, Perrone said recent changes in state law allow enclaves if they are approved in advance by the Department of Community Affairs or negotiated with the county.

Perrone said he hopes to receive a response from the circuit judge within a few months.

Elena Lesley can be reached at elesley@sptimes.com or 564-3627.

[Last modified February 21, 2007, 20:07:12]