Judge to hear lawsuit to stop purchase of bond for golf course
A Circuit Court judge will hear arguments to dismiss a lawsuit by four Viera East homeowners and commercial property owners seeking to stop the Board of Supervisors of the Viera East Community Development District from purchasing an $11.2 million bond for golf course and park improvements.
The four homeowners — Robert Dale, Paul F. Daley, Steven Colasinski and Trisha Smith — will appear before 18th Judicial Circuit Court Judge George T. Paulk in the Titusville Historic Courthouse at 10 a.m. Jan. 7, 2020.
On Aug. 30, Judge Paulk denied the homeowners’ motion for a temporary or emergency injunction against the VECDD. The Jan. 7 hearing is on the permanent injunction lawsuit.
In the lawsuit, the homeowners list 23 allegations against the VECDD and its adoption of the resolution to purchase the bond.
Among the allegations are:
“There is no logical relationship between the proposed projects and the benefit to the real property, as there are two other golf courses within a five-mile radius of the Viera East Golf Course. Further illustrating the speculative nature of the probability of increased value to the property and lessens the unique benefit to the subject properties.”
“There is no indication within the (2019 Project) Plan that the proposed renovations to the Viera East Clubhouse are necessary to the extent that the expenditure is justified related to the assessments levied against the properties within the district.”
“The proposed tax lacks the necessary elements to qualify as a special assessment without further evidence or indication of the correlation and proportion of the tax to the perceived benefit to the property.”
The lawsuit also claims that the proposed 2019 VECDD project violates Florida Statute 190, by improperly classifying the tax as a special assessment without adequate qualification.
In addition, the suit alleges that the proposed project “fails to illustrate the immediacy and depth required for the repairs and renovations to be funded by the proposed bond issuance.”
In court papers filed Sept. 6 by VECDD attorney Jack C. McElroy, VECDD claims the lawsuit should be dismissed because the complaints:
Failed to adequately allege the standing of the plaintiffs to bring the lawsuit.
Failed to attach the relevant documents referenced in the complaint likely because with documents proves the inability of the plaintiffs to bring these causes of action.
Fails to state a cause of action for the relief sought.
Despite a majority of residents that voiced their opposition during a public hearing July 25 in the multi-purpose room of the Faith Lutheran Church at 5550 Faith Drive in Viera, the Board of Supervisors unanimously approved the 20-year bond that will see more than $11 million put toward improvements at the Viera East Golf Club and golf course.
These enhancements include:
• Clubhouse renovations, including a banquet facility at a cost of $2.9 million.
• A new irrigation system for $2 million.
• Bunker renovations for $1.1 million.
In addition to the $9 million in expenses, homeowners also will pay nearly $5 million more in interest.
In order to pay off the $11 million bond, Viera East homeowners will have to foot the bill. The assessment will take effect after the VECDD’s water management assessment bond is paid off in 2023.
Homeowners in Six Mile Creek, Crane Creek, Cross Creek and some homeowners in the south section of the Indian River Colony Club are not affected by the bond. There are more than 4,200 households in the VECDD. Of that total, 791 houses are on the golf course.
Viera East Golf Club includes the communities of Aberdeen, Addington, Ashton, Blackheath, Brightwood, Canterbury, Collingtree, Durban Park, Oaklefe, Parkstone, Stratford Place, and Woodhall.
Viera East Golf Club is an 18-hole course that opened in 1994, and the club projects 54,000 rounds will be played there for the fiscal year ending in September.
Created in 1991, the VECDD is accountable for the development, operation, and upkeep of infrastructure corresponding to the golfing direction, an 85-lake stormwater gadget, conservation spaces, paved trails and sidewalks, and Woodside Park.
The VECDD is a local government entity authorized by Chapter 190 of the Florida Statutes as amended, and created by ordinance of Brevard County as an alternative method of planning, acquiring, operating and maintaining community-wide improvements in planned communities. A CDD provides the “solution” to Florida’s need to provide valuable community infrastructure generated by growth, ultimately without overburdening other governments and their taxpaying residents.
The VECDD is organized similar to other local governments in Florida in that the legislative body is composed of a five-member board known as the Board of Supervisors. The board establishes the policy of the district in accordance with Florida law.
The district encompasses 2,825 acres east of Interstate 95 from Wickham Highway northward into Rockledge.