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In its defense, the county argued it had sought proposals, not sealed bids, and was not governed by rules governing such bids.
By BRIDGET HALL GRUMET
© St. Petersburg Times, published November 16, 2001
INVERNESS -- The St. Petersburg Times has dropped its lawsuit against Citrus County over charges that the county unfairly and illegally picked the Citrus County Chronicle in November 1999 to publish legal notices.
"We just felt the case was moot due to the passage of time," said Brad Bole, the St. Petersburg attorney representing the Times. "It was a one-year contract and the year was over, so there didn't seem to be much more we could really accomplish to turn back the hands of time for that year."
The dismissal form, dated Nov. 9, arrived at the courthouse Thursday.
The lawsuit, originally filed in January 2000, alleged that the county violated the Sunshine Laws and Florida's competitive bidding laws when Chronicle operations director Tim Hess privately discussed the pending bids with then-Assistant County Administrator Richard Wesch, now the county administrator.
Wesch said he only listened as Hess gave the Chronicle's sales pitch for publishing the legal advertisements, which are notices about public meetings, rezoning applications and other matters that local governments are required to make in a newspaper of general circulation.
While the Times offered a lower price for publishing the notices -- $1.40 a column inch, compared to the Chronicle's $1.80 -- the Chronicle's circulation figures in Citrus County make it a better value, Hess told Wesch.
The Times' lawsuit alleged that Wesch repeated Hess' arguments to the county commissioners, who later voted to award the legal notice contract to the Chronicle. Wesch said he never spoke to commissioners about his conversation with Hess.
The lawsuit also said Wesch violated competitive bidding laws by discussing the Times' sealed bid with Hess.
But in its court filings, the county said it sought proposals, not sealed bids, for the legal notice contract, "and therefore the award of the contract to the Citrus County Chronicle was not governed by the rules governing competitive or sealed bids."
A judge dismissed the Times' lawsuit last September, but the company refiled the suit with additional charges the following month. Circuit Judge Carven Angel denied the county's request in January to dismiss that complaint.
Wesch said he was pleased that the Times withdrew its suit this month.
"I'm thrilled on behalf of the citizens of Citrus County that had to defend this lawsuit for close to two years to the tune of $15,000, and that in these tough budget times, we will not have to waste any more taxpayer dollars on this frivolous lawsuit," Wesch said Thursday.
The county will try to recoup that $15,000 from the Times by filing a motion with the courts, he said.