Days after Florida Governor Ron DeSantis urged Disney to drop the lawsuit, his appointed Central Florida Tourism Oversight District (CFTOD) is seeking a summary judgment on five of the counts in their suit against Disney.
According to the Orlando Business Journal, the five counts are:
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Count 1 Failure to Provide Notice of Public Hearing: This questions whether proper notice was given to all property owners when Disney entered into the controversial agreements with the former board.
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Count II (Ultra Vires Act in Violation of Florida Statute 163.3223): This alleges the former district acted beyond its scope of powers when it entered into the agreements with Disney
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Count III (District Lacked Authority and Jurisdiction to Enter into Development Agreement): This alleges the former district lacked the jurisdiction or authority to enter into the agreements without public notice or participation from the cities of Bay Lake and Lake Buena Vista, which are part of the district.
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Count IV (Violation of Article VII, Section 12 of the Florida Constitution): This alleges the district’s ability to issue bonds would be in conflict with needing to meet financial obligations that are part of the agreements, and thus violates the district’s right to debt-issuing powers.
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Count VI (Unlawful Delegation of Governmental Authority to Private Entity): This alleges the former board contracted away its legislative power, something prohibited by Florida law.
The following statement about Disney effectively controlling the old Reedy Creek Improvement District was also given, along with the list of counts for summary judgment. Which is the “self-dealing” argument that Governor DeSantis and the new board have been making:
“That Disney, a private entity, effectively governed itself through RCID for decades does not change the fact that RCID was a local government. As such, RCID was required to comply with Florida constitutional, statutory, and common law in exercising its governmental functions.
The undisputed facts show that RCID failed to so in several key respects that render the agreements void and unenforceable as a matter of law. Accordingly, the district respectfully requests that the court enter summary judgment on [the counts] and any other relief that the court deems just and proper.“
If granted, this would be a large blow to the Walt Disney Company. Especially as they too have lawsuits against the new board, the Florida Governor, and other Florida elected officials. (Seemingly anyone who didn’t take their side or voted against them. Not a good look.)
Disney, of course, is also suing for reversal of the government takeover of their special Reedy Creek Improvement District and legal fees, claiming the actions were retaliation for the company’s standing against the Florida Parental Rights in Education Bill.
The Governor keeps talking about how Disney had special privileges that competitors and other Florida businesses did not have, and this was simply a means to put businesses on the same level for fairness.
What do you think? Comment and let us know!
Source: Orlando Business Journal
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