On Thursday, Eighth Judicial Circuit Judge Gloria Walker denied a request by the cities of Archer, Alachua and Newberry to reconsider whether language on the 2020 ballot misled voters.
The cities originally filed a three-count complaint challenging Alachua County’s “growth management area” ballot language more than four years ago, ahead of the 2020 election. Attorneys claimed the charter amendment’s title and summary didn’t reflect its impact of giving the county, not municipalities, final say in land use rules.
Voters narrowly approved the amendment in November 2020. In February 2021, Circuit Civil Judge Monica Brasington issued a partial decision on one count of the complaint, saying ballot language “clearly and accurately” described the amendment’s purpose.
City attorneys appealed but withdrew the other two counts of their complaint. The Circuit Court closed the case in April 2022, reopening it in May 2024 because a lower court can’t close a case while plaintiffs are appealing its decision.
Arguments in Thursday’s Zoom hearing, although they referenced new cases, reiterated many of the attorneys’ original arguments.
“The summary and title are misleading because there's no mention of that change: that fundamental alteration of the annexation system,” said David Theriaque, representing the City of Alachua. “It's also similar to hiding the ball.”
“ ’Growth management’ has been around a long time,” countered Bob Swain, attorney for Alachua County. “It means a lot of things under the statute. It is hardly rhetoric.”
As it did four years ago, the Circuit Court ruled in the County’s favor.
“The court does not find that the ballot title and ballot summary are misleading in any way,” Walker said. “The court is going to deny the motion for reconsideration and enter a final judgement as requested in the alternative.”
Date for the final judgement hasn’t been scheduled.
