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Vote on lawsuit splits Tampa Palms boardBy SUSAN THURSTON © St. Petersburg Times, published November 12, 2000 TAMPA PALMS -- The Tampa Palms taxing authority has decided to stop fighting Bob Doran's open-meetings lawsuit and pay his legal costs, despite fears that he may sue again over related issues. The Tampa Palms Community Development District voted 3-2 Wednesday not to appeal a judge's order in favor of Doran. In doing so, they reluctantly agreed to pay him $40,000. "Let's close this issue and move on," Supervisor Ed Copeland said. "If Mr. Doran decides to sue us again, we'll just see him in court." Chairman Mark Fitzpatrick and Supervisor Curtis Stokes opposed the decision, arguing the board should stand up to Doran and fight him to the end. "We know morally we did nothing wrong," Fitzpatrick said. "To give up and write a check in the process hurts my feelings." Doran sued the taxing district last year alleging a previous board held four private meetings between 1996 and 1999 without notifying the public. According to the Sunshine Law, he contends, the board must have another meeting to let the public comment on the issues discussed behind closed doors. CDD attorney Michael Cooke maintained the district already did that last November, but some supervisors said they should have another meeting to avoid another suit. Doran says several residents were excluded from talks about important business, including a decision to settle a lawsuit involving the Florida Power lines that run through Tampa Palms. Supervisor Julie Wolfe made a motion to hold a public hearing on the items in February, but it failed. Cooke said he needed to research the differences between a public hearing and an open meeting before advising the board. The board has struggled for months over how to resolve the lawsuit without bleeding the district's budget. Last month, members agreed to pay Doran's legal fees to end it, provided Doran conceded that the board had corrected the violations. Wednesday's action came after about two hours of heated discussion among board members. Some said the only way to stop Doran was to stand up to him. "When the schoolyard bully steals your money, he doesn't stop until you stand up to him," Supervisor Mark Hensleigh said. He leaned toward appealing the judge's order but, by the close of the meeting, voted to move forward and end the suit. The board's attorney and manager repeatedly cautioned them about appealing. They said it was unlikely the district would wind up paying less than the $40,000. It was possible it would have to pay more. "I think we're at the best position we could possibly be at at this time," attorney Cooke said. Doran said that as a resident of Tampa Palms he was glad the board decided not to appeal. However, he threatened to sue them again if they didn't have another meeting to address the issues discussed in private. He also took exception to some of the member's hostile attitudes toward him. "People on this board have made it a personal issue," he said. "It never was." - Susan Thurston can be reached at (813) 226-3463 or thurston@sptimes.com.
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