Gainesville Logo
 
File #: 040950    Version: 0 Name: City of Gainesville, Florida v. State of Florida, Department of Transportation; Leon County Circuit Court; Case No. 2004-CA-2564 (B)
Type: Staff Recommendation Status: Passed
File created: 2/14/2005 In control: City Attorney
On agenda: Final action: 2/14/2005
Title: CITY OF GAINESVILLE, FLORIDA V. STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION; LEON COUNTY CIRCUIT COURT; CASE NO.: 2004-CA-2564 (B)
Attachments: 1. 040950_200502141300.pdf
title
CITY OF GAINESVILLE, FLORIDA V. STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION; LEON COUNTY CIRCUIT COURT; CASE NO.:  2004-CA-2564  (B)
 
recommendation
The City Commission authorize the City Attorney's Office to file an appeal to the First District Court of Appeal.
 
explanation
On June 14, 2004, the City of Gainesville filed suit in Alachua County against the Florida Department of Transportation ("FDOT") to recover unpaid stormwater utility fees.  Subsequently, the case was moved to Leon County, and the FDOT filed a Motion to Dismiss.  After a hearing held on January 10, 2005, the Circuit Court entered an Order dismissing the Complaint with prejudice based on sovereign immunity grounds.  The City Attorney's Office believes that the state legislature has enacted a statutory waiver of sovereign immunity allowing municipalities to sue state agencies to collect unpaid utility fees.



© 2014 City of Gainesville, Florida. All right reserved.

CONTACT US
City Departments
Online Contact
200 East University Ave.
Gainesville, FL 32601
352-334-5000