title
ALACHUA LAND INVESTORS, LLC, A FLORIDA LIMITED LIABILITY CO., F/K/A BLUES CREEK DEVELOPMENT, LTD. VS. CITY OF GAINESVILLE, A POLITICAL SUBDIVISION; CASE NO. 01-08-CA-3088 (B)
recommendation
The City Commission authorize the City Attorney, or special counsel if insurance coverage is available, to represent the City in the case styled Alachua Land Investors, LLC, a Florida Limited Liability Co., F/K/A Blues Creek Development, Ltd. Vs. City of Gainesville, a political subdivision; Case No. 01-08-CA-3088.
explanation
On June 16, 2008, a summons and complaint was served on the City of Gainesville. Alachua Land Investors, Inc., filed suit as a result of the City's denial of a design plat for Blues Creek Subdivision, Unit 5, Phases 2 and 3 on May 12, 2008. Alachua Land Investors, Inc., is seeking declaratory and injunctive relief and writ of certiorari alleging that, as applied to the design plat, the City's wetland mitigation requirements are preempted by state requirements, that the design plat is exempt from the City's mitigation requirements, that the City departed from the essential requirements of the law in making its decision and that the City's decision was not supported by competent, substantial evidence.