Ex-supervisor, taxing authority still at odds

By MELANIE AVE

© St. Petersburg Times, published July 16, 2000

TAMPA PALMS -- It seems out-of-court efforts to resolve an open meetings lawsuit between the Tampa Palms Community Development District and a former supervisor have reached a stalemate.

CDD lawyer Michael Cooke told supervisors Wednesday night that the two sides have been unable to agree on a settlement in the ongoing lawsuit filed last year by resident Bob Doran.

"We've made offers," Cooke said. "They've made counteroffers."

The lawsuit has been a highly emotional issue between Doran and the CDD, leaving the taxing authority fearful of discussing matters in private, and also of escalating legal costs.

Last month, the taxing authority gave Cooke the go-ahead to negotiate with Doran's attorneys. Its decision came right after a judge's initial ruling that said the board violated the Florida Sunshine Law.

Because negotiations have broken down, CDD supervisors said Wednesday they may have to await a judge's ruling, even though that could mean paying more in attorneys' fees.

"Unless I hear otherwise, we'll just prepare for the hearing," said chairman Mark Fitzpatrick.

A final judge's ruling, including a decision on attorney fees, is pending. A hearing has been set for 2 p.m. July 31 before Hillsborough Circuit Judge Manuel Menendez Jr.

Board members said they worry about having to pay as much as $100,000 in legal costs, which would either mean increased tax assessments or a decrease in services such as landscaping.

If Doran wins the suit, his attorney Jake Kaney said he will seek as much as double his fees from the CDD. He said his Daytona Beach firm agreed to take on the lawsuit, which he considers in the public interest, on a risky contingency basis.

Kaney's father, attorney Jon Kaney, said earlier that the CDD could have avoided the legal costs by admitting early on it violated the state's Sunshine Law.

"Either they're going to give up like they should have in the first place or we're going to keep litigating," Jake Kaney said. "We're not going away."

- Melanie Ave can be reached at (813) 226-3473 or melanie@sptimes.com.

© St. Petersburg Times. All rights reserved.