title
CHARLES BURGESS VS. THE CITY OF GAINESVILLE; EIGHTH JUDICIAL CIRCUIT; COURT CASE NO. 2011-CC-3752 (B)
recommendation
The City Commission authorize the City Attorney to represent the City of Gainesville in the case styled Charles Burgess vs. the City of Gainesville; Eighth Judicial Circuit, Court Case No. 2011-CC-3752.
explanation
On September 26, 2011, the City was served with an "Emergency Petition for Interlocutory Injunction" filed by Charles Burgess in the County Court. Mr. Burgess alleges that the City is allowing the new Shands Medical Center being built on North Main Street to have access across a lot adjacent to his property for utility purposes. Mr. Burgess alleges that while he does not own the lot in question (in fact, the City does) he uses the lot and that Shands access across the lot would interfere with his use. He seeks to claim the City's lot through adverse possession. A demand letter has been served on Mr. Burgess on September 22, 2011 by the City requesting that he remove his materials from the City's property and that he provide access to the property. The Plaintiff is requesting the Court to issue a temporary restraining order against the City. Now that the City is on notice that he is occupying City property without authorization, the City will seek appropriate legal remedies.