City to appeal Judge Davis’ Impact Fee ruling to State Supreme Court

Submitted by Susan Hardee Steger

Judge Davis 4
Former Circuit Court Judge Brian Davis

On February 3, 2014, the City of Fernandina Beach gave notice of its decision to appeal former Circuit Court Judge Brian Davis’  ruling against the City on the Impact Fee – Bond Validation case.  Unlike the appeal for the Impact Fee – Class Certification case that went to Florida’s First District Court of Appeal, bond cases go directly to the Supreme Court of Florida.

The notice of appeal follows:

“The City of Fernandina Beach, the plantiff-appellant in this action, gives notice that it appeals this Court’s final judgment rendered January 2, 2013 to the Supreme Court of Florida, pursuant to article V, section 3(b)(2) of the Florida Constitution, section 75.08, Florida Statues, and Rule 9.030(a)(1)(B)(i) of the Flrida Rules of Appellate Procedure.  The final judgment denied validation of the city’s proposed bond issue in proceedings brought under chapter 75, Florida statues.”

According to City Attorney Tammi Bach, both parties in the case have 60 days to file their brief, and according to Chapter 75 of the Florida Statues, the court will give the case a high priority.  Bach further states, “It will take 6-9 months” before a decision is rendered.

-Joann Conlon and attorneys for Bishop-Tanner during December 2013 hearing.
-Joanne Conlon and attorneys for Bishop-Tanner during December 2013 hearing.

On December 2 and 3, 2013, the bond validation case was tried in the Nassau County Historic Courthouse and covered extensively by Fernandina Observer’s Legal Analyst, Adam Kaufman.  Davis’ ruling on the case was handed down  on January 2, 2014.

Click here for “The $5,000,000 Impact Fee Lawsuit – Day One.

Click here for “Impact Fees – A paper napkin calculation?”

February 3, 2014 12:08 p.m.

 

 

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nancy dickson
nancy dickson(@nancyjackathenshotmail-com)
10 years ago

So now our city government is planning to throw away more taxpayers money on appealing a ruling. Haven’t they done enough of this sort of wasteful, frivolous spending of our tax dollars? Couldn’t the money be better spent on schools, feeding the hungry in our community, protecting battered women and children or any of the other things the council felt was a waste of our money? They should be ashamed of their priorities.