Nassau County is asking the court to add Riverstone Properties as a co-defendant in a lawsuit filed by a anti-development citizens group and a property owners association to stop the development of 11 condminium towers on the south end of Amelia Island.
According to a court filing by the county in response to the lawsuit by Citizens Against Rapid Development (CARD) and Amelia Island Sanctuary Property Owners Association, the county cites Florida law that states "where a plaintiff seeks to invalidate or enjoin the performance of a contract, all parties to the contract are indispensable and must be joined in the lawsuit."
As it stands now, only Nassau County is named as a defendant by CARD and The Sanctuary.
The county claims CARD and The Sanctuary seeks to invalidate a contract between Nassau County and Riverstone and says the lawsuit references Riverstone 40 times in its complaint and mentions Riverstone by name some 20 times.
The county also seeks to have the lawsuit dismissed on the grounds CARD does not have standing in the case.
"In this case, standing requires a demonstration by CARD that it suffers an adverse effect to a protected interest which exceeds in degree the general interest in the community good shared by all persons," the filing states.
Standing refers to the legal right of an individual or entity to bring a case before a court. It is the requirement that a person must have a sufficient connection or stake in the matter being litigated in order to participate in the lawsuit and seek a judicial remedy.
The county argues that CARD was formed after the county entered into a settlement agreement with Riverstone and cites state law that says a corporate entity cannot recover for any damages related to conduct occurring prior ot its incorporation. As such, the county claims CARD holds no standing.
Based on the no standing agrument, the county asks the court for order dismissing all claims brought by CARD. It also wants CARD to pay all of the county's attorney fees.
The filing was presented by Jeffrey Hinds, special counsel to the county.
No date has been set by Judge Eric Roberson to rule on the county's filing.
Last April, the Nassau County Board of County Commissioners (BOCC) voted 4-1 to approve a settlement agreement with Riverstone Properties that would allow the developer to build eleven 85-foot condominium towers
The two groups sued the county for among other things, engaging in “contract zoning.” This occurs when a governmental body agrees with a private landowner like Riverstone to rezone property for consideration. In this case, the county granted new zoning rules to Riverstone in exchange for a 200-foot parcel of land at the south end of Riverstone’s property.
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