Can someone with more legal expertise please explain how they have any legal grounds to refuse a deposition? Seems to this layperson like they're just trying the "nuh uh" tactic with no legitimate basis simply because if they had to answer questions under oath, it would be not so great for them. Reminds me a bit of "Liar Liar" - "I object!"; "Why's that?"; "Because it's devastating to my case."
Also filed yesterday in the state court lawsuit brought by CFTOD:
View attachment 774035
I assume he'll be filing a motion to avoid deposition soon.
You have a link for these?The logic here is mangled and pathetic. (From the affidavits in order to support their motion rooted in the apex doctrine.)
View attachment 773966
And that is probably the driving force behind this motion. They longer the state delays the better and making this motion at this time is too good an opportunity to forgoOne can attempt to quash a deposition IF the reasons for said motion meet law. You just can't say no...a motion has to be filed and a hearing set on that motion. Until that happens, most depositions will be stayed.
Rule 1.410 - SUBPOENA, Fl. R. Civ. P. 1.410 | Casetext Search + Citator
Read Rule 1.410 - SUBPOENA, Fl. R. Civ. P. 1.410, see flags on bad law, and search Casetext’s comprehensive legal databasecasetext.com
What, the out of state lawyer hired to represent the district? There wasn't a single lawyer in the State of Florida unable to provide legal services to the District in this matter? No retired judges, law professors, etc? What's John Morgan or Dan Newlin
You have a link for these?
But then there's this one from the link on the separate Meeting Page:
which includes this:
8. NEW BUSINESS
8.1 Consideration of Employment Agreement with Stephanie Kopelousos for District Administrator
Any predictions on what a settlement between the two parties would actually look like?They updated it to change the wording
8.1 Board Consideration of Request from Stephanie Kopelousos to serve as District
Administrator.
They’ve also added a closed session to discuss the 3 court cases involving Disney.
(BTW: this version of the agenda doesn’t include the “Informational Reports” or any of the contracts and budget discussions that were in the other version.)
Also, they’ve finally removed Garcia from the list of Board Members on their website (although they forgot to remove him from the Planning Board list). Gilzean is still identified as the Administrator.
From the Disney’s Animal Kingdom thread about Dinoland.
This is something to watch going forward. Reedy Creek Improvement District predates the municipalities because it started as the Reedy Creek Drainage District. Water management is something the District took very seriously and was one of those areas where they were quite demanding.
Any predictions on what a settlement between the two parties would actually look like?
My (completely uninformed) guess is that the Governor and the District would never settle in the traditional sense. I'm watching for who DeS puts on the Board to replace Garcia, and how that person & his pick to replace Gilzean move forward. That pick is very much part of the DeS world, but apparently she's worked with Disney before plus she actually has some experience in municipal management.
So, is the intention to find new ways to inflict harm on Disney and the District (& Cities), or are they looking for an offramp toward normalcy?
Best case dream scenario that I could see as maybe marginally possible?: They continue to claim victory because they've supposedly addressed all the horrible things that Disney and the prior Board did; they signal a shift towards business as usual by running the district in a constructive manner and appointing a marginally competent Board member or two to actually run things properly and/or just stay out of the way of a competent administrator and the knowledgeable senior staff who haven't left; they sign a new development agreement that gives Disney sufficient assurance that they can get back to business as usual, but allows them to tout their moral victory of voiding the prior "egregious" agreement; *maybe* over time they start to talk about (1) legislation to gradually change the make-up of the Board somewhat, and (2) everyone abandoning their lawsuits.
Or: they're just switching out the players for their own reasons; the carnage and grift continues unabated; they find a way to sell off the utilities and generally hollow out the district's finances while also raising taxes; they try to grab Disney's land for development by friends & donors; the lawsuits (which also enrich their friends) proliferate.
Neither of these scenarios, or anything in-between, would surprise me in the slightest, because nothing about this has been rational in terms of actual governance. It's about grift and control (and catchphrases/misdirection for the public to obscure that).
n.b. Some of this is obviously political, but I've tried (successfully I hope?) to keep my comments within the bounds that mods have allowed as having direct relevance to these issues. PLEASE, if anyone wants to discuss, let's keep it civil so we don't lose chunks of what has generally been a wonderfully informative thread .
Thank you for the response. You made good points in my opinion. I guess we will stay tuned regarding who they pick to fill Garcias seat. Also, it appears some board members terms expire the first half of 2025.My (completely uninformed) guess is that the Governor and the District would never settle in the traditional sense. I'm watching for who DeS puts on the Board to replace Garcia, and how that person & his pick to replace Gilzean move forward. That pick is very much part of the DeS world, but apparently she's worked with Disney before plus she actually has some experience in municipal management.
So, is the intention to find new ways to inflict harm on Disney and the District (& Cities), or are they looking for an offramp toward normalcy?
Best case dream scenario that I could see as maybe marginally possible?: They continue to claim victory because they've supposedly addressed all the horrible things that Disney and the prior Board did; they signal a shift towards business as usual by running the district in a constructive manner and appointing a marginally competent Board member or two to actually run things properly and/or just stay out of the way of a competent administrator and the knowledgeable senior staff who haven't left; they sign a new development agreement that gives Disney sufficient assurance that they can get back to business as usual, but allows them to tout their moral victory of voiding the prior "egregious" agreement; *maybe* over time they start to talk about (1) legislation to gradually change the make-up of the Board somewhat, and (2) everyone abandoning their lawsuits.
Or: they're just switching out the players for their own reasons; the carnage and grift continues unabated; they find a way to sell off the utilities and generally hollow out the district's finances while also raising taxes; they try to grab Disney's land for development by friends & donors; the lawsuits (which also enrich their friends) proliferate.
Neither of these scenarios, or anything in-between, would surprise me in the slightest, because nothing about this has been rational in terms of actual governance. It's about grift and control (and catchphrases/misdirection for the public to obscure that).
n.b. Some of this is obviously political, but I've tried (successfully I hope?) to keep my comments within the bounds that mods have allowed as having direct relevance to these issues. PLEASE, if anyone wants to discuss, let's keep it civil so we don't lose chunks of what has generally been a wonderfully informative thread .
The criteria under which a governmental body can seize land via eminent domain is codified in Florida statute. And THAT includes utilities. The Board would have to prove the utility operator isn't able provide services to its customers.
IIRC, the RCES power plant provides ~ 25% of the property's electricity, with the rest provided by Duke and perhaps FPL. Origis Energy constructed the huge solar farm along 429. That site alone is capable of powering 2 of the parks.
I agree that such actions should be unlikely to survive constitutional challenge (based on my extremely limited and vague understanding of the law). But you can cause a lot of chaos while lawsuits make their way through the courts and, however it turns out, Disney essentially ends up paying all the lawyer and "expert" fees for both sides.
At a minimum it seems like a way to avoid providing funds where possible. It also seems like it could be evidence of shenanigans being played with the permitting process.So do you think there is any significance to these permits being filed by Walt Disney instead of CFTOD?
The utilities are already owned by the District. Reedy Creek Energy Services is just the contracted operator.The criteria under which a governmental body can seize land via eminent domain is codified in Florida statute. And THAT includes utilities. The Board would have to prove the utility operator isn't able provide services to its customers.
IIRC, the RCES power plant provides ~ 25% of the property's electricity, with the rest provided by Duke and perhaps FPL. Origis Energy constructed the huge solar farm along 429. That site alone is capable of powering 2 of the parks.
Florida statute outlines the process that must, by law, occur.
Gainesville would like a word...
Was GRU unable to provide utility services to its residents? The statute addresses that issue.
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