here - Satellite Beach

Internet – Newspaper Archives Searches
Paul “Andy” Stewart
(Articles are in reverse chronological order)
Tab 11
Ledger, The (Lakeland, FL)
September 3, 2005
HIGH COURT WON'T HEAR SPRAY FIELD APPEAL CASE; POLK CITY IS DEALT
A BLOW IN ITS ANNEXATION LITIGATION AGAINST AUBURNDALE.
Author: MERISSA GREEN
AUBURNDALE -- The Florida Supreme Court has decided not to hear Polk City's appeal over a
disputed spray field. The Supreme Court will not entertain a motion for a rehearing of its Aug.
24 decision, according to court documents.
Lawyers for Polk City filed a petition to the state's Supreme Court in April after the the
Lakeland-based 2nd District Court of Appeal ruled that Polk City didn't have a legal right to
challenge Auburndale's annexation of 196 acres near Interstate 4 and Berkley Road in September
2003.
"The annexation case is over," said Jonathan Stidham, Polk City's lawyer. "Auburndale has
succeeded in obtaining an illegal annexation because of the 2nd District Court of Appeal."
The 2nd DCA didn't rule on whether the annexation was legal or not, he said.
Stidham said the appellate court ruled that Polk City didn't have a right to complain about the
annexation.
The appellate court's opinion overturned an earlier ruling by Circuit Judge Ronald Herring who
had found in Polk City's favor.
Andy Stewart, Auburndale's assistant to the city manager, said its not easy when two
neighboring cities have to resolve an issue through the legal system. "We wouldn't have annexed
that property if we thought it was unlawful or not allowed by state statue," Stewart said.
Stewart said every city is growing and because of it, municipalities should compromise or work
on interlocal agreements.
Auburndale is using a 196-acre property near I-4 as a spray field for wastewater discharge from
the Calpine Corp. Polk City officials said the discharge would pollute nearby lakes, while
Auburndale officials said they received the necessary permits to make the property a spray field.
Polk City twice sued Auburndale, one suit claiming the spray field would endanger local water
supplies and lakes, and the other claiming the annexation was illegal.
Both sides are still awaiting a hearing date on Auburndale using the site as a spray field.
Page 74 of 80