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Weeki Wachee suit to get new judge

By TIMES STAFF
Published June 2, 2007

WEEKI WACHEE - Hernando County Circuit Court Judge Richard Tombrink has removed himself from the lawsuit between the Southwest Florida Water Management District and Weeki Wachee Springs.

On Thursday, Tombrink disqualified himself after Weeki Wachee attorney Joe Mason filed a motion for disqualification Wednesday stating that Tombrink had "lost his objectivity and impartiality" and that the "defendants will be unable to receive a fair and impartial trail" because of Tombrink's "bias and/or prejudice" against Weeki Wachee and Mason.

In granting the request, Tombrink wrote that Weeki Wachee's motion was "substantially deficient." But, "allowing the alleged taint of a 'biased' judge to further poison this legal quagmire will not serve anyone's best interests, especially not those of the citizens and taxpayers who may have to fund this battle royale." Tombrink requested that Judge Daniel Merritt Sr. be assigned to the case.

Weeki Wachee and Swiftmud have been arguing in court since 2004, and were slated for yet another round at the end of August before Tombrink. The land the Weeki Wachee Springs attraction sits on is owned by Swiftmud, which leases it to Weeki Wachee. The city of Weeki Wachee owns the mermaid attraction and adjacent water park, donated by the previous owner.

Among other issues, Swiftmud questions whether the city can legally own and operate the attraction.

[Last modified June 1, 2007, 22:43:45]