Make us your home page
Instagram

Today’s top headlines delivered to you daily.

(View our Privacy Policy)

County offers to settle lawsuit with developer

NEW PORT RICHEY — Pasco officials are hoping to settle a lawsuit with a developer ahead of an appeals court ruling that could decide whether a county ordinance is unconstitutional.

Developer Hillcrest Properties sued Pasco last year after the county invoked its Right of Way Corridor Preservation ordinance, which forces landowners to surrender property for future roads if they want to develop their land.

At issue is a proposed 16-acre commercial site off Old Pasco Road west of Interstate 75. Officials invoked the ordinance to bank land for future roads, but Hillcrest sued, alleging the ordinance was unconstitutional.

A magistrate sided with the developer but the constitutionality question was referred to the U.S. District Court.

In April, District Judge Steven D. Merryday ruled in favor of Hillcrest and in a harshly worded 52-page ruling lambasted the ordinance as being "both coercive and confiscatory … and constitutionally offensive both in content and operation."

Pasco appealed the ruling in May.

Now, commissioners are trying to settle the lawsuit ahead of the appeals ruling. On Tuesday, they voted 5-0 to offer Hillcrest $1.35 million for a 100-foot parcel for the expansion of State Road 52 and to settle related claims and costs.

Rich Shopes can be reached at rshopes@tampabay.com or (727) 869-2636.

County offers to settle lawsuit with developer 10/22/13 [Last modified: Tuesday, October 22, 2013 6:08pm]
Photo reprints | Article reprints

© 2017 Tampa Bay Times

    

Join the discussion: Click to view comments, add yours

Loading...
  1. Editorial: A proud moment for civic involvement in Hillsborough County

    Editorials

    It took private citizens less than 24 hours to do what their elected leaders in Hillsborough County could not for the past three months: Find the moral fortitude and the money to move a century-old Confederate war memorial from outside the county courthouse. Thursday's achievement was a lesson in leadership to county …

    The Hillsborough County Commission dithered for three months over moving the Memoria in Aeterna monument from the old county courthouse.
  2. Fort Myers woman arrested for doing cocaine off iPhone in parent pick-up line

    Bizarre News

    A Fort Myers woman was arrested Tuesday after police saw her snorting cocaine off her iPhone while in the parent pick-up line at a Lee County middle school.

    Christina Hester, 39, faces two different drug-related charges, according to police records. [Lee County Sheriff's Office]
  3. Tropical Storm Harvey forms in Atlantic

    Hurricanes

    UPDATE: At 5 p.m. the National Hurricane Center said a hurricane hunter plane had determined that Tropical Storm Harvey had formed with sustained winds of 40 mph.

    Three tropical waves are expected to strengthen as they move across the Atlantic Ocean. [Courtesy of the National Hurricane Center]
  4. Editorial: Pinellas should join lawsuit challenging new state law

    Editorials

    The Florida Legislature has been on a cynical, constitutionally dubious quest to render local school boards powerless. The most direct assault is a new state law that strips school boards of much of their authority when it comes to the creation and funding of charter schools. It's time for the Pinellas County School …

  5. Editorial: Fix funding unfairness in Florida foster care system

    Editorials

    Many of the children in Florida's foster care system already have been failed by their parents. The last thing these kids need is to be failed by bureaucracy, too, and yet that's exactly what appears to be happening because of a needlessly rigid funding formula set up by the Florida Legislature. Child welfare agencies …

    The Legislature may have had good intentions when it came up with the funding plan, but it’s obvious that there is some unfairness built into it. The funding may be complicated, but the goal is simple: Making sure every child in need gets the help he or she needs.