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Letter to the editor

Judge tosses SOLV suit; city gains time to make decision

Undaunted, Save Our Little Village says the petition items will go to election.

By NICK JOHNSON, Times Staff Writer
Published January 16, 2008

ST. PETE BEACH

The first round of a legal battle between the City Commission and a pro-development political group ended last week when a circuit judge dismissed the suit brought by Save Our Little Village Inc.

The lawsuit was an attempt to force the city to hold elections for the six petition items brought by SOLV in November.

Judge David A. Demers dismissed the suit on the basis of its being premature. The city charter allows the commission 90 days to act on any petition items brought by citizens, a deadline that will not be up until mid February.

"It gives us enough time to get the response from our special counsel," Commissioner Ed Ruttencutter said.

Ruttencutter, who was named as a defendant in the suit, along with the rest of the commissioners and mayor, has been particularly vocal in questioning the legality of the petition items.

The commission has retained lawyer Thomas W. Reese to determine if the six items, one of which is a comprehensive plan, are legal and what the options are in responding to them.

"We were arguing that the city had not taken a position yet, and that's what the judge said," Reese said in response to the order.

SOLV organizers were undaunted by the decision, which they say solidifies their position: The city will breach its own charter if it fails to act within the 90-day period.

"There's no option for the city. The petitions must go to an election," chairwoman Lorraine Huhn said.

But it remains to be seen if the commissioners, many of whom are weary of overdevelopment, will pass the pro-development items on to voters.

The commission may have a number of options, including making changes to the petition items before approving them or questioning them in court, Reese said.

SOLV maintains that people have the right to vote on the items regardless of their perceived effect on the community.

"The responsibility falls on the shoulders of the commission," Huhn said. "For them to take some action would prove that they have good faith."

Nick Johnson can be reached at nickjohnson@sptimes.com or 893-8361.

[Last modified January 15, 2008, 23:02:11]