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Wright,
Ponsoldt & Lozeau,
Trial Attorneys, L.L.P.
1000 SE Monterey Commons Blvd., Suite 208
Stuart, Florida 34996
772-286-5566
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Last
Updated: Aug 8th, 2002 - 14:27:59
WPL, In the News
Stuart News/Port St. Lucie News (FL)
June 14, 2002
Section: Local
Edition: Martin County
Page: B1
JUDGE: MPO CANNOT BE SUED
AIRPORT LAWSUIT
Melissa E. Holsman staff writer
STUART - County officials gained a court victory Thursday when a judge ruled a planning advisory board cannot be sued because its purpose is to make recommendations and not set policy.
Martin County Circuit Judge Ben Bryan determined a lawsuit filed last year against the Metropolitan Planning Organization by an airport watchdog group and a Sewall's Point resident should be a legal matter between the county and the critics - not the MPO.
In addition to the MPO, which is made up of elected officials from Martin County, Stuart and Sewall's Point, the county government was named in the lawsuit.
The suit, being pursued by Sewall's Point resident John Ziegler, alleges the airport master plan is inconsistent with the county's Comprehensive Plan because it allows "unreasonable" airport expansion that is incompatible with the residential neighborhood.
Bryan ruled that with consistency issues and the Comprehensive Plan, the county was the proper entity to defend against the allegations.
"I don't see the MPO in this . . . I can see you saying there was some sort of defect in the adoption of the (airport master) plan . . . but that would be between you and the county," Bryan said to attorney Tim Wright, who represents Ziegler.
"I don't think the MPO can get sued."
County Attorney Stephen Fry, who watched in court as attorney Scott Knopka argued the county's case, said Bryan's ruling in favor of the MPO is good news for the county.
"He (Bryan) said it's a planning organization that gives recommendations and under the law, the Legislature didn't say it can be sued," said Fry.
But after court Thursday, Ziegler, an attorney licensed in Michigan, said he expects to re-file the lawsuit, based on the principle that "the MPO should have been involved in the planning process for the airport."
"That's what the statute says," Ziegler said.
©
Copyright 2002 WPL Trial Attorneys L.L.P.
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