Appeals court rules voters must be informed of “material” terms of land lease

Editor’s Note:  In the fall of 2011, the Vero Beach City Council asked voters to approve leasing the 17-acre power plant site to Florida Power & Light for the purpose of transacting the sale of the city’s electric system.  The Council’s decision to ask voters to approve the concept of leasing the land, rather than presenting a specific lease for approval or rejection, left open the question of whether the referendum fulfilled a provision in the City Charter prohibiting leasing  the land for commercial purposes without voter approval.  The Charter language specifies that voters must approve “such lease.” 

A state appeals court today struck down a planned referendum on a proposed lease of the Miami Beach Convention Center, ruling the city must present voters with the specific terms of the lease. 

Because the March 2013 referendum approved by Vero Beach voters included specific terms of a proposed lease between the City and FPL, the second referendum presumably fulfilled the Charter requirement regarding leasing the power plant for commercial use.  

Miami Beach convention center referendum canceled after court decision

By Douglas Hanks

dhanks@MiamiHerald.com

A state appeals court on Friday struck down a referendum on renovating the Miami Beach Convention Center, ruling the city must present voters with more detailed terms of the $1 billion proposal before seeking approval.

The decision essentially canceled one of the most closely watched fights on South Florida’s election calendar this fall, with a team headed by New York developer Tishman hoping to win approval for a tax-subsidized upgrade of the center. The deal comes with a 99-year lease on city land for a private hotel, parking and retail complex.

Read more here: http://www.miamiherald.com/2013/09/20/v-print/3639326/beach-convention-center-referendum.html#storylink=cpy

One comment

  1. For those who wish to see the Third District Court of Appeal’s opinion, visit their web site and click on “Opinion filed September 20, 2013.” There can be no question about the intent of the City of Vero Beach’s Charter. Read or print out the entire opinion.

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