Chi84
Premium Member
No I think you clarified what you meant. I would be surprised if much more comes of this but who knows.I haven't dug into the details here so (seeing your occupation as well), I'm talking high level. But, while they normally would never carry weight outside of padding out your arguments in the initial claim/motions/briefs, we are starting to get into bad faith contracting, conflicts of interest, and (remote but possible) even tortious interference (assuming there was anything pending - not likely).
The most likely, rather, is a public policy argument. If there is a change pending of this nature with that level of attempted insulation and removal of power without ability to modify would set that up more than usual. Especially for development, as this could have much wider sweeping implications for other development situations. A court (especially one sympathetic to Desantis) could easily find the chilling effect there grounds on public policy to at least invalidate the term of this contract and inability for the future board to reclaim powers it would rightfully have via the establishment of the district.
Again, not saying these are likely to win. Rather, this is a tough ball (speaking nicely) usage of legal loopholes and capabilities. And, if those cases are decided in favor of "creativity" by big companies with major legal departments, I tend to find that does not benefit society at large very well down the line when that case law becomes precedence. And, while this would normally settle out of court 100% guaranteed, I wonder if this one may go all the way through given the public eye.
Legal nerding over. Please feel free to DM me if you'd like to chat more, without everyone else glazing over.![]()