Appeals court rules against North Port in case to contract the city limits

NORTH PORT – The Second District Court Appeals ruled against the city of North Port in its effort to quash a Circuit Court ruling directing the City Commission to revisit its April 2021 decision against a citizen effort to contract the city limits.

In what was essentially a two-page ruling issued Oct. 7, Appeals Court Judge Nelly N. Khouzam said that the court's power was limited to reviewing whether 12th Judicial Circuit Court Judge Hunter W. Carroll followed due process in his Nov. 12, 2022 ruling that ordered the North Port City Commission to reconsider its decision against a petition from the West Villagers for Responsible Government seeking to remove land west of the Myakka River from the city.

“Here, procedural due process is not at issue, and the circuit court applied the correct law, second-tier certiorari relief is not warranted,” Khouzam wrote. Fellow appeals court judges Anthony K. Black and Robert J. Morris, Jr. concurred.

Related: Appeals court hears oral arguments in North Port contraction case

Members of the West Villagers for Responsible Government are seeking to have the city contract its boundaries to the Myakka River and de-annex roughly 8,448 acres of land west of the river.

Those residents, who live primarily in the West Villages section of Wellen Park, contend the City Commission has not managed the city wisely, so they petitioned for de-annexation.

In its April 29, 2021 denial of a petition by the West Villagers for Responsible Government, the City Commission cited five key points: the land met the criteria for annexation under state statute 171.043; contraction was not in the best interest of the public health and safety for all residents; was not feasible because of the urbanization of the area; was not in the best interest of the future goals of the city, and it would not be fiscally neutral.

In his Nov. 12 ruling, Carroll noted that four of the commission's five reasons for denying the petition – specifically those dealing with public health and safety, contraction not being in the best interests of the city, and the issue of fiscal neutrality – dealt with whether contraction of the city limits “should” be done rather than whether it “can” be done, as called for in state statute.

He said the city was attempting to compress two separate parts of state law, one which determined whether contraction can be done, with another part, which covers whether it should be done.

He called the city’s attempt to compress those steps improper.

Earlier: Circuit judge denies motion to reconsider contraction decision

In December, he declined to review the case again, spurring the city’s appeal.

The appeal, filed by the city's counsel, Nikki Day, narrowly defined the concept of feasibility by excluding consideration of the financial impact of de-annexation.

When asked for comment Friday afternoon North Port spokesman Jason Bartolone replied in an email: “While our focus remains on Hurricane Ian recovery, we are aware of the court’s ruling.

“It is disappointing the district court did not choose to recognize all of the legitimate legal issues raised by the city and the Florida League of Cities,” he continued, citing an amicus brief filed by the Florida League of Cities.

“The decision does not reverse the City Commission’s unanimous vote to reject WVRG’s petition on April 29, 2021,” Bartolone wrote. “The city is in the process of evaluating its options, but aiding our community’s recovery remains our first priority.”

John Meisel, chairman of the board of directors for the West Villagers for Responsible Government, welcomed the appeals court ruling.

“We fully anticipated this ruling to be issued exactly like it was and the ball is squarely in the lap of the city of North Port to follow Judge Carroll’s order to either hold another hearing and permit the contraction or schedule a referendum for contraction,” Meisel said.

Carroll’s original ruling, however, did not offer that direction. He did counsel the city to reframe its reasoning appropriately, so it would conform to the Chapter 171 of Florida Statutes – the law that covers the process of de-annexation.

Earle Kimel primarily covers south Sarasota County for the Herald-Tribune and can be reached at earle.kimel@heraldtribune.com. Support local journalism with a digital subscription to the Herald-Tribune.

This article originally appeared on Sarasota Herald-Tribune: Appeals court rules against North Port in Wellen Park contraction case