Anderson drops lawsuit after Scott signs new bill

A controversial provision that allowed 607 acres of Joe Anderson’s property in northwest St Johns County to receive “agriculture enclave” status by being slipped into a larger growth management bill at the end of the 2012 legislative session was overturned yesterday when Governor Rick Scott signed HB 537 into law.

Subsequently, Anderson, the applicant requesting the Comprehensive Plan amendment for a residential development in a portion of St Johns County known as Switzerland, withdrew the application and filed a notice of voluntary dismissal with the Clerk of Court for the associated lawsuit on June 5.

Anderson says that he tried to get local approval for a housing development on his land, but negotiations with county officials broke down. When the legislature approved the 2012 change, laying the groundwork for a development on the land without taking part in further “good faith negotiations”, county officials were angered.

State Senator John Thrasher argued that last year’s amendment appeared four minutes before it was passed out of the Senate and that he was not aware the amendment was tacked onto a larger growth management bill.

Thrasher’s amendment this session was to be applied retroactively to Anderson’s property despite Senate staff who stated that could be unconstitutional. “To the extent that the provisions of this bill may be applied retroactively, provisions of the bill may prompt concerns regarding the unconstitutional impairment of contract,” read a one Senate staff analysis. Thrasher has said he doesn’t think that’s the case because the state has passed retroactive changes in the past.

That is all moot with the withdrawal of Anderson’s application and lawsuit.

“County officials are very pleased and appreciative that the application has been withdrawn and that the lawsuit regarding the Switzerland property has been dismissed,” said Michael Ryan in a statement released to Historic City News today.