Pelican Press 11.03.11

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Pelican Press AN OBSERVER NEWSPAPER

INSIDE

THURSDAY, NOVEMBER 3, 2011

3-6pm

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firing back By Rachel Brown Hackney | Managing Editor

County: Brown didn’t follow rules The county contends Village property owner Chris Brown didn’t take the proper recourse in appealing his 2011 parking assessments.

DIVERSIONS

HAPPY HOUR! 66487

S I E S TA K EY S A RA S OTA

In an Oct. 27 answer to a lawsuit filed Oct. 4 by Village property owner Chris Brown, a Sarasota County attorney said Brown did not pursue the appropriate recourse in contending the county had charged him excessively high parking assessments for

three of his businesses. The attorney also said Brown’s complaint that the county violated his Fifth and 14th Amendment rights does not adhere to a federal law requiring “something more than naked assertions or legal conclusions framed as fac-

Last year Cheryl Losey appeared in a PBS documentary. This year she cut an album. Meet the Sarasota Orchestra harpist landing major grants and making a beautiful racket.

tual assertions that only create a suspicion” of a right to legal recourse. Because of Brown’s allegations that his constitutional rights were violated, the county was able to move the case to the U.S. District Court in the Middle Dis-

trict of Florida in Tampa. Brown’s attorney, Morgan Bentley, of Bentley & Bruning, filed the suit in the 12th Judicial Circuit, in Sarasota. Writing for the county, Deputy County Attorney David M. Pearce asked that the court dismiss all the counts for “lack of subject matter jurisdiction” un-

SEE BROWN / PAGE 2A

Treats for the Sweet

NEIGHBORHOOD

make believe

Sarasota 1B Waldorf students get a trip

through fantasyland instead of the usual Halloween trick-or-treating.

Rachel S. O’Hara

August, 2, and April, 4, Turner sit on the steps at the Siesta Key Oyster Bar during Safe Treats. See the story and more photos on Page 6B.

Having an event on the Key? Let us know. Send details to rhackney@yourobserver.com or call 941366-3468, Ext. 314.

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CELEBRATING

YEARS

1971-2011

INDEX

Business directory........ 10B Classifieds.................. 10B Community Calendar....... 5B Cops Corner..................12A Crossword...................... 9B Opinion..........................6A Real Estate.................... 8B

Vol. 41, No. 15 | Three sections YourObserver.com

PUBLIC OPPOSITION

By Rachel Brown Hackney | Managing Editor

Legal action pending on term limits A Sarasota attorney is considering legal action against the County Commission because of its proposed charter amendment on term limits. Sarasota attorney Andrea Flynn Mogensen is considering legal action against Sarasota County on behalf of several parties upset with the County Commission’s plans for a charter amendment that would change term limits for the commission-

ers, she said Wednesday. The commission’s 4-1 vote last week to pursue a public hearing on the charter amendment, and a special election Jan. 31, “really seems to be about trying to get another reset button,” Mogensen said. “My clients’ interest univer-

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sally is with the will of the voters,” she said, adding that the August ruling by Florida’s Fourth District Court of Appeal on a Broward County case said County Commission term limits are constitutional. The county charter was amended in 1998 to limit the commissioners to two terms; subsequent court action rendered that moot. If the Florida Supreme Court upholds the Fourth District Court

decision in the Broward County case, county officials have said, the decision could force Sarasota County to adhere to the two-term limit. Mogensen said the Sarasota County Commission “seems to be taking the position that term limits are unconstitutional and working to make them constitutional” all at the same time. That showed

SEE LAWSUIT / PAGE 8A

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