RESIDENTS SEEK INPUT ON NEGOTIATIONS BETWEEN CITY AND OWNER.
On Tuesday, November 12 at 10 a.m., in Courtroom 1 at the Plant City Courthouse, attorney Harley Herman made a motion to intervene on behalf of the entity, Save Walden Lake, Inc. that represents the residents of Walden Lake community. Walden Lake LLC is the owner of the property that was once the Walden Lake golf course. The judge presiding was the Honorable Michael Williams of the Thirteenth Judicial Circuit Court.
The related lawsuit is Case Number 23-CA-016857; the plaintiff Walden Lake LLC, vs. the defendant, the City of Plant City. An attorney representing Stearns and Weaver, attorneys for the plaintiff, and City of Plant City Attorney Kenneth Buchman sat before the judge.
“I’m glad that Harley has our voice—that the judge allowed it,” resident Allen Sandor said. “Mostly, to the residents, the Live Local Act is a different environment. We needed Harley Herman, the attorney, to speak up for us. We’re not allowed to anymore per the rules.”
As previously reported in the Observer, in September 2023, Walden Lake LLC proposed a new, multifamily development within the Walden Lake community. The plan for the 320-acre property within the 2,800-acre Walden Lake community would include 470 townhouses and 1,530 apartments. The developer believes such a multifamily development falls within the City of Plant City Comprehensive Plan and Land Development Code.
However, the City of Plant City refused to consider a preliminary plat. The main reason cited was the land marked for construction is not completely within an area zoned for such a development
In response, Walden Lake LLC filed a complaint for declaratory relief against the City of Plant City in response to the City’s refusal to consider the preliminary plat submitted.
The definition of a motion to intervene is, “A legal action filed by a third party who is not initially involved in an ongoing lawsuit, but has a vested interest in the outcome. The intervening party requests permission from the court to become a party to the case in order to protect their rights or interests.” In short, the motion sought to allow a representative for Walden Lake residents to sit in on negotiations and any settlement between the City of Plant City and the developer.
Prior to the hearing, the residents of Walden Lake circulated a notification of the hearing, asking residents to attend and wear red, “To show the court and the city that residents are interested in protecting the storm water management system our homes have been built around, and to stop any development that would pave over the former golf course land, flooding us out.”
“I attended the court hearing to show my support to the City and to support the efforts of Save Walden Lake to intervene in the trial between Plant City and the developer—who is trying to end-run normal zoning procedures through the new Live Local Act,” said Don Marshall. “These land speculators bought land that surrounds our homes—the primary purpose of this watershed is a storm water management system. Golf was merely a secondary utility. To break the glass to the planned unit development now, and build more homes on this watershed, would be catastrophic and immoral.”
Despite back-and-forths over some language in the agreement submitted with the motion, the attorneys and Judge Williams agreed to a revision that removed a section of the agreement.
“We’re pleased the judge has left the door open so that the residents of Walden Lake have an active participation in this lawsuit,” Herman commented. “As I indicated in the courtroom, it directly affects this community, and the idea that we would not be involved in it just seems absurd. So, I am glad that the judge understood our position…..I represented the community in some of the prior lawsuits. Unfortunately, this issue has languished. It languished in part because the prior owner had foreclosed. And the bank, when they were foreclosing, basically said, ‘We don’t want to have any discussions. We want to be able to sell the property with no restrictions.’ And so they did. And now we are right back to where we were before they foreclosed. This makes progress. And at least, now we have input to what happens.”
“I think it was positive to ensure the residents of Walden Lake can still have some input into the negotiations that are ongoing,” resident David Meek said. “That’s vitally important, I believe that’s one of our constitutional rights—to speak and to be heard. I think everybody did their job. It’s not going to end as quickly as we wish, but I am happy with the outcome and thankful to those who are working so hard to help us.”
