published: Friday, April 20, 2012
Watch this legal battle closely
OURVOICE
Watch this legal battle closely
Mascotte isn't exactly one of the most prosperous cities in Florida. So, when a developer sues the city for $20 million for denying a zoning request, you might conclude the city would eventually cave to the demands of a deep-pocketed plaintiff.
The American legal system allows a thorough -- and sometimes very costly -- vetting of minute details and arguing of specific points. Mascotte -- with the help of the Florida League of Cities -- may not be able to foot the bill if this dispute goes for the long haul.
Flagship of Lake County -- the developer and the plaintiff -- is upset that the city denied its zoning request to build a landfill. The project is known as Heron's Glen.
Flagship claims its rights were violated, and wants the city's zoning ordinance approved retroactively.
The details of the city's legal insurance with the league are not clear. But what is clear is that this might become a prolonged and tiresome battle -- for both city officials and city residents.
Governing -- which includes approval of zoning requests for landfills -- is done through democratic consensus. Local elected leaders listen to their constituents and act accordingly.
Flagship made its case last October. Nearly 300 residents attend the five-hour meeting.
Flagship's pitch included some attractive perks for the city: A $200,000 bonus once the project was approved, $200,000 more every year after that for the next few years, a state-of-the-art sports complex, $1 million for a new wastewater treatment plant, and anywhere from 80 to 100 job possibilities for residents.
A majority of those who attended that meeting weighed the benefits against the environmental detriments and said "no."
This is how elected government should work.
But we caution city officials. Sound principles are sometimes trampled by big money.
For the sake of the city's financial health, we urge leaders to keep close watch on this as it develops. Give it a little time before drawing the final line in the sand and be cognizant of the financial burdens that could result from a prolonged legal battle.
