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HomeMy WebLinkAboutSeminole County v. City of Winter Springs (Rook Annexation) BROWN, GARGANESE, WEISS & D'AGRESTA, P.A. Attornrys at Law Oebra S. Babb-Nutchef' Usher L. Brown + Suzanne O'AgrestaD Anthony A. GarganeseD Jeffrey S. Weiss Offices in Orlando, Kissimmee, Cocoa & Viera RECEIVED OCT 2 0 2005 Joseph E. Blitch Victoria L. Cecil Scott J. Oornstein Andrew M. Fisher Katherine W. Latorre Amy J. Pitsch +Board Certified Civil Trial Lawyer "Board Certified City, County & Local Government Law CITY OF WINTeR SPRINGS OFFICE OF THE CITY CLERK Erin J. O'Leary J. W. Taylor Of Counsel October 19, 2005 Andrea Lorenzo-Luaces, City Clerk City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 Re: Seminole County v. City of Winter Springs (Rook Annexation) Case No. 5005-2168 Our File No. 315-033 Dear Andrea: Enclosed please find correspondence dated October 19, 2005, together with a copy of the Court's order denying the County's motion for rehearing in the referenced matter. Please distribute copies to Mayor Bush and the members of the City Commission. Thank you for your assistance in this matter. Very Truly Yours, \ EJO/cg Enclosures 225 East Robinson Street, Suite 660 . P.O. Box 2873 . Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596 . Kissimmee (321) 402-0144. Cocoa & Viera (866) 425-9566 Website: www.orlandolaw.net . Email: firm@orlandolaw.net BROWN, GARGANESE, WEISS & D'AGRESTA, P.A. Attorneys at Law Debra S. Babb-Nutcher" Usher l. Brown" Suzanne D'AgrestaO Anthony A. GarganeseO Jeffrey S. Weiss Offices in Orlando, Kissimmee, Cocoa & Viera Joseph E. Blitch Victoria l. Cecil Scott J. Dornstein Andrew M. Fisher Katherine W. Latorre Amy J. Pitsch "Board Certified Civil Trial Lawyer IJBoard Certified City, County & Local Government Law Erin J. O'Leary J. W. Taylor Of Counsel October 19, 2005 Ron McLemore, City Manager City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708 Re: Seminole County v. City of Winter Springs (Rook Annexation) Case No. 5005-2168 Our File No. 315-033 Dear Ron: I am happy to inform you that the Fifth District Court of Appeal has denied the County's motion for rehearing in the Rook case. A copy of the Court's order is enclosed herewith for your review. Since the Fifth District Court did not issue an opinion explaining the basis for its decision, the County is precluded from seeking further review in the Florida Supreme Court. The Rook decision is, therefore, now final, which means that the Rook property lies within the City of Winter Springs. This ruling is significant because it finalizes this particular case. Additionally, it is significant in the Charter Amendment case because, as you know, it means the City has property within its boundaries that is affected by the Charter Amendment, and therefore, that the transfer of powers provision of Article VIII, section 4 of the Florida Constitution is called into play. We will continue to keep you apprized of the development of the Charter Amendment case. Please do not hesitate to contact Anthony Garganese or me if you have any questions. Very truly yours, ~1@j~.. Erin J. O'L.'Jary (j cc: Mayor John F. Bush (w/encl.) Members of the City Commission (w/encl.) 225 East Robinson Street, Suite 660. P.O. Box 2873 . Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596. Kissimmee (321) 402-0144. Cocoa & Viera (866) 425-9566 Website: www.orlandolaw.net . Email: firm@orlandolaw.net IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT SEMINOLE COUNTY, Petitioner, v. CASE NO. 5D05-2168 CITY OF WINTER SPRINGS, FLORIDA, Respondent. / DATE: October 7,2005 BY ORDER OF THE COURT: ORDERED that Petitioner's MOTION FOR LEAVE TO FILE SUPPLEMENT, and Petitioner's MOTION FOR REHEARING, HEARING EN BANC, ISSUANCE OF A WRITTEN OPINION OR CLARIFICATION, filed August 25,2005, are denied. Petitioner's MOTION REQUESTING JUDICIAL NOTICE, filed October 3,2005, is moot. f.">:'; I here,tfi certify that the foregoing is (a. tnlecopy of) the original Court order. ~tl~ FRANKJ.HABERSHAW,CLERK cc: Stephen P. Lee, Esq. Anthony Garganese, Esq. and Erin J. O'Leary, Esq.