Friday, January 8, 2016

The City of Lake Worth in another lawsuit

We are allowed to amend our Charter, as Building Heights are already described in our Charter with an Ordinance that took effect on December 5, 1996. What we really can't do is twist the intent.

Sec. 11. - Building height limitation.
East of Dixie Highway within the city no building or part thereof shall be constructed which exceeds a vertical height of sixty-five (65) feet above grade. West of Dixie Highway within the city no building or part thereof shall be constructed which exceeds a vertical height of one hundred (100) feet above grade.
(Ord. No. 96-32, § 1, 12-5-96)

Then the city incorporated the following wordage:

Editor's note— On March 12, 2013, a referendum was passed approving an amendment to the charter, as set forth in City Ordinance 2012-30, which added further building height restrictions. Effective June 5, 2013, the Florida Legislature enacted amendments to section 163.3167(8), Florida Statutes, which nullified the referendum and voided the charter amendment.

This is what it's all about. The plaintiffs, as well as all those who voted on the Charter Heights Amendment, do not believe that HB 537 pertains to the referendum on a Charter Amendment.  In this case, the shoe just doesn't fit as much as the city commission trio of Maxwell, Triolo and Amoroso want it to. At this point, only a court will be able to make an opinion.  Whatever happens, it will be appealed by whatever side loses.

What happens in the meantime with Hudson Holdings trying to flip it to a hotelier? Do you think they will even want to touch the property? It would behoove Hudson Holdings to build its addition to 45 feet and ask for that to be approved by the Historic Resource Preservation Board and the City Commission. But politics is very strong in this city and I don't see that happening. It has to make you wonder if these people are as smart as they think they are.  All lawsuits are 50/50.

No comments: