Historic City News has learned that earlier today, Isabelle C. Lopez, Assistant Attorney for the City of St Augustine, has filed notice invoking the discretionary jurisdiction of the Florida Supreme Court to review the decision of the Fifth District Court of Appeal rendered on March 15 in the lawsuit brought by Donna Wendler.
In an e-mail from Lopez this morning, she has placed the Brigham Property Rights Law Firm in Jacksonville on notice that the City does not accept the DCA ruling that remanded the Wendler’s lawsuit under the Bert J. Harris, Jr., Private Property Rights Protection Act, back to the 7th Judicial Circuit Court for further litigation.
This response follows a “shade meeting” held 8:30 a.m. on Monday; where the mayor and commissioners met privately with the City Manager, the City Attorney, the Assistant City Attorney and a certified court reporter, to discuss litigation strategy having learned of the adverse action at the District Court of Appeal.
In the notice, Lopez stated that the March 15th decision “expressly and directly conflicts with a decision of another district court of appeal or of the Supreme Court on the same question of law”.
Donna R. Wendler, Scott Wendler, and Wendler Properties III, Inc. are seeking damages they say have been suffered because of the city’s refusal to grant demolition permits for seven aging commercial buildings they own along King Street.