Our Writ of Certiorari was heard by Judge Wolfe in a hearing conducted yesterday. Pamela Jo Hatley, JD, Ph,D. did a great job arguing our case. Dr. Hatley advised us that Judge Wolfe asked a lot of questions and took lots of notes. Now we wait for a decision and cross our fingers for good measure.
The old saying "The wheels of justice grind slowly" is no joke.
The Cert hearing is set for December 5, 2013 @ 10:00 a.m. The location will be the Edgecomb Courthouse, 800 Twiggs Ave, Tampa, Fl. A room assignment is not yet available. We will post a notice of the room assignment as soon as we receive the information.
Interested parties may attend the hearing; however, please remember we are not allowed to address the court. Dr. Hatley will be arguing the case on our behalf.
Once oral argument is in that's it for the certiorari case. The judge makes the decision. It could be the same day, or it could be a matter of days, weeks or months.
We welcome interested parties to attend!
Our second case seeking a declaratory judgment has not yet been set for trial. This will take the case to a full trial asking the judge to overturn the BOCC's decision to approve the zoning. We will post more as it becomes available.
Please pass the this information along to others encouraging them to contribute to our cause via this site. Funds are still needed!
THANK YOU to ALL who have contributed through this site and/or directly. We appreciate your support in helping us to protect everyone's rights and our environment!
The judge, in response to our Writ of Certiori, has signed an "Order to Show Cause" by July 12, 2013. This means the Court has ordered the Respondents (Hillsborough County and Racetrac) to show cause in writing why the judge should not grant the relief sought by the Writ. (See main page for links to both the Writ of Certiori and the Complaint).
Hopefully, we will have another update soon regarding our Complaint for Declaratory and Injunctive Relief.
U-CAN help us fight to protect your rights and protect the remaining wetlands in Hillsborough County!!
United Citizen's Action Network (U-CAN) is raising money to fund a legal challenge to a potential precedent setting decision that would effectively eliminate wetland protection in Hillsborough County! Our County Commissioners (BOCC) failed in their duty to represent all of their constituents and participated in both procedural and due process violations that silenced the voice of the citizens and effectively paved the way for a gas station to be built on top of a wetland! We, the citizens, cannot allow the BOCC to ignore our rights and their own procedures in order to tip the scales in favor of special interests. If we do not take action now, we will all pay for it later.
Our County Commission claims they are interested in preserving our quality of life but their actions say otherwise. We need your help to hold them accountable and remind them that we, the citizens, have a right to be heard.
Thank you for visiting our site. Please check back for updates.
May 9th our attorney, Pamela
Jo Hatley, JD, Ph.D. filed our lawsuits in Circuit Court. We continue to
believe we have a strong case for each suit. Dr. Hatley, determined
a dual prong approach would be in our best interest. Filing both cases at the same time was
necessary because cases must be filed within 30 days of the BOCC's zoning
approval. This gave us two "chances" for some action by the courts. Below
are the two types of cases filed and the relief each action is seeking (in
brief). You can view each filing by clicking on each
DECLARATORY AND INJUNCTIVE RELIEF : Requests the court
to (A) Declare that the Development Order inconsistent with the Future of
Hillsborough Comprehensive Plan for Unincorporated Hillsborough County; (B)
Enjoin Defendant Hillsborough County from implementing the Development Order by
any means, including the issuance of any further, additional or subsequent
development orders(s) or permits related to or based on the Development
Order; (C) Enjoin Defendant Hillsborough County from permitting development
activities granted pursuant to the Development Order. WRIT OF CERTIORI: Requests
the Court to (1) issue an order requiring the County and Racetrac to show cause
why relief should not be granted; and (2) issue a Writ of Certiorari and an
order quashing the BOCC's approval of the Development Order and remanding this
matter back to the County with instructions to remand the matter back to the
Hearing Officer to consider the rezoning request in light of the Comprehensive
Plan as a whole and the criteria enumerated at LDC section 10.03.03.E.
Campaign Not Ready
There's an issue with this Campaign Organizer's account.
Our team has contacted them with the solution, it's a simple fix!
Please ask them to sign in to GoFundMe and check their account.