District Court of Appeal of Florida

A judgment declaring invalid a county charter amendment allowing a county to regulate future development in a rural portion of the county is reversed in part where the amendment constituted a proper exercise of the county's home rule power under the Florida constitution, ballot summary language explaining the charter amendment to voters was not misleading; and the amendment did not violate the county charter's "single subject rule."

Appellate Information

• Decided 05/26/2006
• Published 05/26/2006

Judges

• LAWSON, J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Leonard Berger, Senior Assistant County Attorney, West Palm Beach, Amicus Curiae for The Florida Association of Counties, et al., Thomas G. Pelham of Fowler White Boggs Banker, P.A., Tallahassee, and Catherine D. Reischmann of Stenstrom, McIntosh, Colbert, Whigham, Reischmann & Partlow, P.A., Amicus Curiae for The Florida League of Cities, Inc.


• For Appellees:
  
• Robert A. McMillan, Seminole County Attorney, Stephen P. Lee, Deputy County Attorney, and C. Allen Watts of Cobb & Cole, Deland, for Appellant/Cross-Appellee., Anthony A. Garganese and Erin J. O'Leary of Brown, Garganese, Weiss & D'Agresta, P.A., Orlando, for Appellee/Cross-Appellant.