Circuit judge rules for North Port in challenge of ruling contracting city limits

NORTH PORT – Circuit Court Judge Danielle Brewer ruled for the city of North Port this week, denying a citizen’s petition asking her to reject the City Commission’s Oct. 27, 2022 ruling against the West Villagers for Responsible Government’s push to contract the city limits.

Brewer concluded that the commission afforded the residents' group due process, followed the the law and based its decision on competent substantial evidence, as required under the state statute that governs municipal annexation and de-annexation.

John Meisel, chairman of the board of directors for the West Villagers for Responsible Government, said the residents will appeal the decision.

“We absolutely plan on appeal and that is why the judicial system is built on multi-tier and you have an appellate court that will have three justices review one justice’s ruling,” Meisel said.

The push by the West Villagers for Responsible Government contests North Port’s decision to annex the former Taylor Ranch – later known as Thomas Ranch – and seeks to force the city to contract its boundaries to the Myakka River. It would de-annex roughly 8,448 acres of land west of the river that the city absorbed more than two decades ago.

The movement started in 2020, as residents grew frustrated with how the City Commission managed its budget, taking issue with decisions such as the construction of the North Port Aquatic Center, instead of using funds to upgrade and maintain infrastructure.

Decision dates back to April 2021 hearing

Brewer's 12th Circuit Court ruling technically capped off an April 29, 2021 court-like proceeding in which the City Commission denied the residents' efforts to contract the city limits.

The residents' attorney, Luke C. Lirot, filed a petition asking the court to reject that decision.

Circuit Court Judge Hunter Carroll ruled in favor of the residents in November 2021.

Carroll had said the city was attempting to compress two separate parts of state law, one which determined whether contraction can be done, with another part, which covers whether it should be done.

The city appealed that decision first to Carroll and later to the state’s Second District Court of Appeals – losing in both challenges. 

Commissioners eventually complied with Carroll’s ruling but declined to open up a required hearing for new evidence – including Carroll’s opinions in the ruling that rejected the April 2021 decision.

Several people, many of whom had appeared as witnesses during the case, offered opinion and insight during the meeting’s public comment period.

Instead of citing the same substantial and competent evidence that Carroll referenced, city commissioners based their new rejection on a motion crafted ahead of time by City Commissioner Debbie McDowell, who brought it with her on a flash drive.

That motion did not reference the “feasibility” of contracting the city limits.

Instead, McDowell cited the city charter requirement that the five commission districts be contiguous and compact as the initial basis to deem the annexed land contiguous and compact because it’s part of North Port’s 5th Commission District.

How the judge ruled

Brewer ruled that the facts the City Commission chose to reject the contraction petition did not need to be based on “feasibility” because McDowell's motion “focused on whether or not the area to be excluded fails to meet the criteria of annexation" in Florida law.

She said she was obligated to determine whether the commission correctly interpreted state law, adding she was not permitted to retry the case.

City Commissioner Phil Stokes, who represents District 5, encompassing the area in question, said the commission was pleased with the ruling.

“This has been long coming,” Stokes said. “We think she got it right and we don’t anticipate it being reversed on appeal.

“With that, we hope that this is the first and maybe next to last nail in the coffin for de-annexation,” he added. “We look forward to hopefully moving beyond this and continuing to grow Wellen Park within the city.”

Technically, the West Villagers also have another petition before Brewer, asking the court to compel the City Commission to schedule a referendum on contraction of the city limits.

Meisel said Wednesday that petition is essentially moot, barring an appeals' court reversal of Brewer's decision.

This article originally appeared on Sarasota Herald-Tribune: Judge rules against citizen group challenging North Port city limits