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City wins one in annexation war
By DAVE SHELTON
Article published on Thursday, Sept. 21, 2006 |
LARGO – A state Circuit Court judge has ruled Pinellas County had no basis for its claims that Largo had violated the cease-fire agreement that halted the “annexation wars” in 2000.
And, following the direction of Mayor Pat Gerard to ease tensions and reduce litigation, City Manager Steve Stanton has sent off a memo to County Manager Steve Spratt offering an olive branch.
In related legal action, another state court judge has ordered Largo to halt any actions based upon its annexation of land owned by Evatone Inc. on Ulmerton Road.
The company is suing to void the annexation claiming the city did so illegally against its will. The annexation, it claims, would cost the company thousands of dollars a year in new taxes.
In 2000 the Pinellas County Commission adopted a charter amendment intended to usurp “All powers necessary to establish, by ordinance, the exclusive method and criteria for voluntary annexation,” according to its words.
Largo and Seminole objected, contending these powers are granted to cities by the state.
During a Sept. 11 court hearing, state Circuit Court Judge Bruce Boyer noted that Assistant Pinellas County Attorney David Zadowsky “agreed that it (the county) was abandoning all of its affirmative defenses.” He then entered a summary judgment in favor of Largo.
A week later Stanton wrote to Spratt:
“I suspect the emotions associated with these disputes can fuel future disputes between our respective staffs and elected officials,” he wrote, in part. “It is my hope we can both refocus our efforts in more productive areas.
“The city looks forward to a more constructive working relationship with the county and is hopeful that the achievement of critical annexation goals will avoid future disputes.”
Animosity over annexation has also been felt from those who didn’t want to be annexed. Hence, the lawsuit being pressed by Evatone, a manufacturer. It was one of 25 property owners near the intersection of 49th Street and Ulmerton Road.
Annexation was agreed to by 13 of the property owners, complying with regulations that require at least half of the property owners in an area agree to be annexed. Evatone claims some of the property owners were “bribed” and others hoodwinked into approving the annexation.
City Commissioners were split over whether to go ahead with the annexation once faced with Evatone’s objections. But, after Evatone’s representatives appeared before the Pinellas County Commission and met with the county’s state legislators, the commissioners were incensed by the firm’s alleged mischaracterization of the issue, winning sympathy from the state and county representatives.
It was that action that prompted a final vote approving the annexation and, eventually, Evatone’s lawsuit.
Despite the suit, Largo continued to plan on revenues and providing services to the annexed properties. That is what Pinellas Pasco state Circuit Court Judge David Demers ruled against last week, adding that if Evatone loses the court battle, it could be responsible for any expenses the delay costs Largo.
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Article published on Thursday, Sept. 21, 2006
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