Local

City of Alachua & Heritage Oaks may face off in new trial

GAINESVILLE – A staggering $3.9 million verdict against the City of Alachua awarded by a jury following a two-week trial in August 2012 has been set aside according to a court order signed last week. The shocking award came as a result of a case filed in 2009 by Heritage Oaks – TND, LTD., in which numerous charges leveled against the City of Alachua as to its dealings with the developer of the commercial and residential development adjacent to Santa Fe High School on U.S. Highway 441.

Since that verdict was handed down by the jury last year, thousands of post-trial documents have been filed in the case, including four motions by the City of Alachua. On Friday, April 12, Circuit Court Judge Victor Huslander denied two of the motions sought by the City, but granted one in which the City moved for a new trial on the basis of improper jury instructions and an improper verdict form.

Due to interruptions in preparing the jury instructions and verdict form, the jury was sent back with inadequate information on which to base a decision.

Huslander wrote, “The end result was that a breach of contract claim by the Plaintiff [Heritage Oaks] went to the jury without a legally adequate instruction as to what actions on the part of the Defendant [City of Alachua] could have constituted a breach of contract.”

“Such an error is not harmless, and thus, a new trial is necessary.” He added.

Still, another pending motion before the court may yet trump the direction for a new trial. In addition to agreeing that the jury instructions and verdict form were flawed, Huslander partially granted a motion in which the City sought to have the court reconsider three key legal issues that had been raised earlier in case.

The judge said the court would reconsider whether or not a subdivider’s agreement is a regulatory document on which the basis for a breach of contract action cannot be formed. Huslander said he would also reconsider whether or not the City’s 1993 Land Development Regulations can be incorporated into the subdivider’s agreement.

Perhaps even more crucial to the case, the judge said he would reconsider whether or not before filing the lawsuit, Heritage Oaks was required to exhaust all administrative remedies, such as appealing its concerns to the City Commission of the City of Alachua.

City officials were tight-lipped about the order, citing the ongoing litigation. Attorney David Theriaque, who is now representing the City’s interests in the case said, “The city is very pleased with the order and appreciative of the judge setting aside the verdict.”

The basis of the lawsuit rests on allegations by Heritage Oaks that the City of Alachua breached a contract and interfered with the development. It reportedly sought damages for losses of profit, future sales, loss of appraised property values and expenses it claims the City forced them to incur.

On five counts upon which the jury was ultimately sent back to deliberate, they found the City guilty of all of them and awarded the vast majority of the financial damages sought by Heritage Oaks.

In the case, Heritage Oaks claimed, “The difference in the way the City treated Heritage [Oaks] as compared to other similarly situated developers, was done in order to intentionally discriminate against Heritage [Oaks].”

Other accusations are that the City “inordinately burdened” the developer and “effectively precluded” them from being able to market its property.

As part of his order issued Friday, the judge has directed both sides to schedule a conference with the court to address the status of the case.

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WALDO – The City of Waldo has been approved to receive a grant from the Suwanee River Water Management District. The monies will be used to replace faulty water meters. The failing meters have been a recurring problem, said Waldo City Manager Kim Worley. The City was awarded $76,836, which will be matched with City funds, bringing the projected total of the upgrades to $153,672.

The grant funds will come out of the water management district’s $1.5 million budget for projects that address or enhance water supplies within the district.

Known as the Local Regional Initiative Valuing Environmental Resources (RIVER) cost-share program, 43 applications were submitted by the December 2012 deadline for the 2013 fiscal year. Out of the 43 districts that applied, only 14 projects were approved, and Waldo was one of the approved projects.

The 14 projects totaled $1,499,903, which will be used for a variety of improvements including increased flood protection, removal of nitrates and reduction of sediments that enter into the Suwanee River.

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 HIGH SPRINGS – The High Springs old school building, which has been renovated, continues to operate without an official name. It had earlier been suggested that the building be named after long-time educator, the late Georgann Grady Roberts. During the Thursday, April 11, 2013 High Springs City Commission meeting, city manager Ed Booth revealed that Roberts’ family has withdrawn her name from consideration. Booth said they didn’t give him any direct reasons for the request.

Roberts taught in the old school and served on the High Springs City Commission. Her grandfather donated the land for the school. While a decision to name the school after her was never finalized, it had been a top contender. In light of the situation, Booth said the City is still accepting suggestions for naming the school. He said there is no deadline to do so. Once he receives the names he will gather biographical information on each candidate and present it before commissioners for discussion.

Recently, the old school building won the Renovation and Rehabilitation award from the Florida Trust for Historic Preservation for its outstanding recognition in adaptive use. The building has five rooms, a small stage that holds 75 people and hosts a range of events and meetings.

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 L-R: Alan and Janet Alligood hope to raise enough money to allow for upgrades to the Priest Theatre in High Springs. Among their amibtious goals is to convert from 35 mm film projectors to a modern digital projection system.

HIGH SPRINGS – The Priest Theatre in High Springs, located on 15 NW 1^st Street, is reaching out to moviegoers and community members to donate money and help save the theater as it transitions into the digital age.

The independent movie theater along with many others across America is struggling to keep up the transition as the movie industry has made the switch from using 35 mm film projectors to digital projectors. The cost to continue showing movies and upgrade the projectors is about $85,000.

Janet Alligood, daughter of Priest Theatre owners Bobby and Janice Sheffield, has made it her mission along with husband, Alan, to help save the theater. The Alligoods created a “Save the Priest” webpage on Kickstarter.com to help raise funds and awareness.

According to the website, approximately $10,498 has been raised. The digital upgrade will allow movie studios and distributors to save money on producing and shipping movies. The new projectors also increase the quality of screening by increasing the movie’s lighting and clarity.

Alligood said besides working on the webpage she has been working with volunteers to help come up with other ideas to fundraise money which includes applying for grants. She also said the theater will be participating in the 37^th Annual High Springs Pioneer Days celebration selling corn, giving tours of the theater and showing a free screening of western movie “Winchester 73.”

The Priest Theatre, which lies in the High Springs Historic District, was built around 1910 by William Jefferson Priest, who also owned the Ford dealership. Since its construction, the 103-year-old theater has transitioned from hosting traveling vaudeville shows to plays and from silent movies to “talkies.”

In 1986, the Sheffield’s bought the theater because it was near their hardware store and provided them needed access, according to the “Save the Priest” webpage. They decided to keep the theater as is and have restored and operated the theater ever since. In 2011 they put the theater up for sale because they could no longer keep up with cost. However, the theater did not sell. Alligood said she took this as a sign that she needed to get involved and save the theater from closing.

Along with the projector upgrade, donations made to the theater will fund projects to upgrade the digital surround sound system, docking station and server, digital pedestal, electric wiring, a flying silver screen, construction fees, installation and training.

Alligood says she wants to restore the theater’s stage and bring back live shows to the community.

“I want to see that stage,” Janet said. “Neither my generation nor my mother’s generation has seen that stage operate since vaudeville, and I want to see live shows entertain our community and happen again.”

The theater, which still shows movies three times a week, includes an auditorium that seats about 240 people, along with a balcony, sloping floors and a main lobby.

Donations are currently being accepted online at the Kickstarter’s “Save the Priest” webpage from now until June 3 at 7:01 p.m. However, Alligood said they will still be accepting donations at the theater after the deadline.

“I believe that if we bring [the theater] back to its beauty and restore it then it’s going to be something you can’t get anywhere else,” Alligood added.

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ARCHER – In a 4-1 vote, on April 8 the Archer City Commission passed an ordinance changing the City’s municipal elections to the spring.

It was previously held on the second Tuesday of November, the same day as the national and state elections.

Commissioner Fletcher Hope voted against the election change.

Previously, during the Feb. 11 city commission meeting, Mayor Frank Ogborn said that during the last election, because there were so many amendments voters had to read, Archer’s elections got “lost in the shuffle.”

“Voters don’t want to read all that stuff,” Ogborn said at the February commission meeting. “I thought it was a good idea to move it to the spring.”

According to the ordinance, the municipal elections will take place in even years on the second Tuesday of April.

Archer City Manager Al Grieshaber Jr., said there would be no early voting unless the municipality pays for it.

Archer, Alachua and Newberry will have their municipal elections on the same day.

Alachua County Supervisor of Elections Pam Carpenter said in February during an interview that she is working with cities to have their municipal elections on the same day in the spring in order to increase public awareness of their municipal voting day. This has been an on-going process for the last eight years.

“[It would] provide voters with another annual election day,” she said in February.

So far, Gainesville, Newberry, Alachua, Hawthorne and the towns of LaCrosse and Micanopy have set their municipal elections during the spring.

Two other municipalities, Waldo and High Springs, still hold their elections in November.

Although the elections are on even years, in an interview Grieshaber said there will be an election in April 2015 in order to replace the November 2014 election.

This will be a one-time odd-year election on the second Tuesday of April, according to the ordinance.

This means that the commission seats of Gabe Green and Ogborn would be extended until the spring of 2015 instead of ending November 2014, Grieshaber said.

A commissioner’s term lasts four years, and the positions of mayor and vice mayor, which will continue to be selected in January, last one year.

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Will replace “Huddle House”

ALACHUA – Alachua residents may soon dine on zalads, zappetizers and fried chicken in six to eight months.

Chasing Chicken 2, Inc. will redevelop the property commonly known as “the Huddle House” into a Zaxby’s restaurant.

Ground breaking is scheduled for late April, according to Walter Jarvis, of Jarvis & Folsom, Inc., who represented Chasing Chicken 2, Inc. at an Alachua Planning and Zoning Board meeting on Feb. 12, 2013.

The request for consideration of a site plan filed in November 2012 showed the restaurant at approximately 3,800 square-feet with a drive-through and associated drainage, paving, grading and infrastructure improvements.

The property, located at 16062 NW U.S. Highway 441 at the junction of I-75, has been regarded as an eyesore by some residents and Alachua officials. It has been vacant for several years.

The property is still currently held by Sally Franklin, of Alachua Enterprises, Inc., but Jarvis said Chasing Chicken 2, Inc. and Franklin are working to transfer the property.

Construction is expected to be complete in six to eight months.

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