The Daily Commercial

Flagship of Lake County sues city, board members

Flagship of Lake County sues city, board members

ROXANNE BROWN | Staff Writer

roxannebrown@dailycommercial.com

Last March, the city of Mascotte, four council members and the former mayor were named in a $20 million lawsuit by Flagship of Lake County, a developer whose request to build a landfill was denied rezoning.

The project was known as the Heron's Glen project. The meeting was in October 2011.

Nearly 300 residents attended the five-hour hearing on the proposed Class I landfill on a 245-acre site along County Road 33, two miles north of State Road 50 off Smith Road.

Based on public input during the meeting and about 100 statements, residents were opposed to the landfill because of the possibility of harmful chemicals, effects and odors the landfill might emit.

Flagship presented expert witnesses to assuage environmental concerns.

The council voted against the proposal. Flagship contented the council vote violated the proposal's intent, which was to determine whether it would comply with the city's comprehensive plan.

Flagship claimed bias and confusion dominated the meeting.

The suit against Mascotte was filed on March 29, 2012 in the Circuit Court of the Fifth Judicial Circuit in Lake County.

The city, former Mayor Jeff Krull and then council members Tony Rosado, Brenda Brasher, Barbara Krull and Stephen Elmore were served on April 3. The Florida League of Cities was charged with litigation, liability and lawyer's fees.

City Manager Jim Gleason said the individual defendants were removed from the suit.

"The portion against the mayor (former) and council members as individuals was removed," Gleason said.

The case has been moved from state court to federal court and is now being handled by Dean, Ringers, Morgan and Lawton, an Orlando firm.

Attorney John Conner will be meeting with the current council on Tuesday in an executive session for a briefing.

No further information is available and Conner could not be reached for comment.

Tuesday's council meeting is scheduled for 6:30 p.m. at the Tedder-Thomas Memorial Civic Center, 121 N. Sunset Avenue, Mascotte.

Friday, January 18, 2013 - www.dailycommercial.com/18jan2013fla