By Gary Taylor |
Sentinel Staff Writer
Posted November 17, 2004
SANFORD -- A charter amendment limiting growth in the eastern half of
Seminole County was approved by 56 percent of the voters earlier this
month, but now its fate is in the hands of one person.
Seminole-Brevard Circuit Judge Nancy F. Alley heard more than six hours of
testimony and arguments Tuesday -- more than twice the time allotted for
the case -- as attorneys for Winter Springs tried to persuade her to toss
out the ordinance.
Alley said she probably won't make a ruling until after next week.
Seminole County will not enforce provisions of the amendment until after
Alley rules.
Although the county established an urban-services boundary east of Oviedo,
Winter Springs and Sanford a decade ago, Winter Springs has annexed
several parcels.
Winter Springs City Manager Ron McLemore testified that his city had been
willing to enter into a three-way agreement with the county and Oviedo
that would have prevented either city from annexing land from the rural
area, but went ahead with annexations when Oviedo did not participate.
The county decided to put the issue before the voters after Winter Springs
submitted plans to the state showing it intended to extend water and sewer
services into the rural area, Deputy County Manager Don Fisher testified.
Winter Springs attorney Anthony Garganese challenged the validity of the
amendment on several grounds. He argued that the title and description on
the ballot was confusing and that the amendment violated the county
charter because it addressed more than one issue.
Alley questioned County Attorney Steve Lee about the single-issue
question, saying the amendment appeared to address limiting growth in the
rural area while making a change that would allow future charter
amendments to supersede municipal ordinances.
Lee acknowledged that the charger supersedes city laws. "The city doesn't
like that, but it's legal," he said. "They're not happy because the county
had exercised its authority in part to supersede their home rule."
Gary Taylor can be reached at
407-324-7293 or gtaylor@orlandosentinel.com.
