An Alachua County judge ruled that the Gainesville City Attorney’s Office will be allowed to defend the constitutionality of the proposed county charter Amendment 3.
The ‘home rule’ amendment, as it is known, would require a majority approval countywide as well as within the municipality effected to pass future amendments affecting the powers of municipalities.
Joe Little, a Gainesville attorney and professor at UF’s Levin College of Law, filed suit against the legality of Amendment 3 in July, as the representative of plaintiff Dwight E. Adams, a retired UF physics professor.
On Sept. 2, a motion was filed to grant the Gainesville City Attorney permission to join the lawsuit in order to argue for the constitutionality of the amendment.
The defendants named by the lawsuit are the Alachua County Board of Commissioners and the Alachua County Supervisor of Elections.
Both of these parties are represented by the county attorney, and the commission gave council instructions to only speak to their responsibility to follow the direction of the Charter Review Commission, which recommended Amendment 3 for placement on the November ballot earlier this summer.
The county attorney was told to take a neutral stance on the constitutionality of the amendment.
The City of Gainesville has taken the stance that citizens should not be denied the right to decide whether they want this change to the charter, and the city attorney will speak for the nine municipalities, including Gainesville, that are in favor of defending this position.
The nine cities originally entered into an agreement together with the Alachua County League of Cities to jointly fund the defense, but during a High Springs commission meeting last week, City commissioner and League of Cities president Larry Travis announced that the League of Cities will be covering the entire legal bill.
City attorneys to defend Amendment 3
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