Alachua County chairwoman Marihelen Wheeler wins court battle over controversial residency claims
A lawsuit filed against the chair of the Alachua County Commission has been thrown out by a judge due to a "lack of subject matter," court records show.
The suit, filed against Marihelen Wheeler in September, questioned her residency after her primary victory over former county employee Charlie Jackson after she earned nearly 73% of the popular vote.
In May, the Gainesville Sun exclusively reported inconsistencies with Wheeler's residency claims due to a homesteaded property she owns with her husband outside the district she serves. Under Florida law, elected county commissioners must live within the district they represent at the time of their election.
The court's ruling shows petitioner Eugene Garvin Sr. incorrectly interpreted the law when challenging Wheeler's primary victory, believing that she had to live within her district ahead of the general election. He did not question her past election win for the current term she is serving.
"I am relieved that this has been put to bed and that we can now focus on getting the vote out," Wheeler said Friday.
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Garvin, also an Alachua County Democrat, shares close ties with Wheeler's primary opponent, as he is listed as the vice chair of Manhood Youth Development, a local nonprofit founded by Jackson.
Wheeler, 70, faces Gainesville Mayor Ed Braddy on the Nov. 8 ballot. Garvin might be able to re-file his case if Wheeler wins.
Complicated residency claims
In May, Wheeler told The Sun that she splits time between two homes, one of which she co-owns with her son inside District 2. She said the utility bill there is also in her name, as is her voter registration and driver's license.
But for years, Wheeler claimed a homestead exemption — a tax break for a home that requires majority residency throughout the year — with her husband outside the district. She said she was unsure why she was still listed on the property and corrected the issue prior to her primary race against Jackson — but not before her 2018 victory.
After The Sun's article on Wheeler's residency issues, she was fined roughly $12,000 for back taxes and a homestead exemption penalty.
She said all the paperwork has since been corrected and feels confident the issue is now behind her in the event Garvin, or others, attempt to challenge her again.
Gainesville attorney Rod Smith represented Wheeler in the case.
This article originally appeared on The Gainesville Sun: Residency claims against Alachua County commissioner thrown out
