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File #: 150780.    Version: 1 Name:
Type: Staff Recommendation Status: Passed
File created: 2/23/2016 In control: City Attorney
On agenda: 3/3/2016 Final action: 3/3/2016
Title: CELEBRATION POINTE COMMUNITY DEVELOPMENT DISTRICT NO. 1 VS. HOUSING PARTNERS OF GAINESVILLE, FL, LTD., A FLORIDA LIMITED PARTNERSHIP; FIRST HOUSING DEVELOPMENT CORPORATION OF FLORIDA, A FLORIDA CORPORATION; CHAPMAN ASSOCIATES, LTD., A FLORIDA LIMITED LIABILITY PARTNERSHIP; CITY OF GAINESVILLE, FLORIDA, A MUNICIPAL CORPORATION; BELLSOUTH TELECOMMUNICATIONS, INC., A GEORGIA CORPORATION; ALACHUA COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA; RESERVE AT KANAPAHA II, LTD. A FLORIDA LIMITED PARTNERSHIP; AND JOHN POWER, ALACHUA COUNTY TAX COLLECTOR; EIGHTH JUDICIAL CIRCUIT, CASE NO. 2016-CA-414 (B)
Sponsors: City Attorney
Attachments: 1. 150780_Celebration Pointe Lawsuit_20160303

 

title

CELEBRATION POINTE COMMUNITY DEVELOPMENT DISTRICT NO. 1 VS. HOUSING PARTNERS OF GAINESVILLE, FL, LTD., A FLORIDA LIMITED PARTNERSHIP; FIRST HOUSING DEVELOPMENT CORPORATION OF FLORIDA, A FLORIDA CORPORATION; CHAPMAN ASSOCIATES, LTD., A FLORIDA LIMITED LIABILITY PARTNERSHIP; CITY OF GAINESVILLE, FLORIDA, A MUNICIPAL CORPORATION; BELLSOUTH TELECOMMUNICATIONS, INC., A GEORGIA CORPORATION; ALACHUA COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA; RESERVE AT KANAPAHA II, LTD. A FLORIDA LIMITED PARTNERSHIP; AND JOHN POWER, ALACHUA COUNTY TAX COLLECTOR; EIGHTH JUDICIAL CIRCUIT, CASE NO. 2016-CA-414 (B)

 

recommendation

The City Commission authorize the City Attorney to represent the City in the case styled Celebration Pointe Community Development District No. 1 vs. Housing Partners of Gainesville, FL, Ltd., a Florida limited partnership; First Housing Development Corporation of Florida, a Florida corporation; Chapman Associates, Ltd., a Florida limited liability Partnership; City of Gainesville, Florida, a Municipal corporation; Bellsouth Telecommunications, Inc., a Georgia corporation; Alachua County, Florida, a political subdivision of the State of Florida; Reserve at Kanapaha II, Ltd. a Florida Limited partnership; and John Power, Alachua County Tax Collector; Eighth Judicial Circuit, Case No. 2016-CA-414.

 

explanation

On February 22, 2016, the City was served with a Summons to Show Cause and Petition for Condemnation filed by Celebration Pointe Community Development District No. 1.  Petitioner alleges that the property as described in the Petition is necessary for the purpose of constructing road improvements to SW 43rd Street and SW 32nd Street.  Petitioner is seeking possession of the property as described in the Petition.  The City's interest is a utility easement on a small portion of the properties at issue.

 




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