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.