title
CITY OF GAINESVILLE v. STEPHEN A. SCOTT, P.A., EIGHTH JUDICIAL CIRCUIT, CASE NO. 2011-CA-1883 (NB)
recommendation
The City Commission authorize the City Attorney, assisted by Special Counsel, to represent the City of Gainesville in the case styled City of Gainesville v. Stephen A. Scott, P.A.; Eighth Judicial Circuit, Case No. 2011-CA-1883.
explanation
On April 26, 2010, the City filed a small claims complaint against Defendant Stephen A. Scott, P.A. for delinquent business taxes for years 2008-2009, and 2009-2010. Subsequently, Scott filed an Answer, Affirmative Defenses and Counterclaim, along with a Motion to certify the action as a class action. Mr. Scott is an attorney who believes that the City does not have the legal authority to impose a business tax against him as an attorney. Defendant Scott is seeking declaratory and injunctive relief and alleges that the City's business tax ordinance is unconstitutional. Scott seeks refunds on behalf of all lawyers who paid the tax after March 2007.
A hearing was held on the Motion to Certify on February 22, 2012. The Court has not yet ruled on the Motion.
Funds are available in the General Fund.