Wellen Park spokeswoman Jennifer Hamilton said via email that dismissal made sense after the city’s decision.
“Given the City of North Port Commissioners’ level-headed and unanimous decision in denying the petition to de-annex or contract from the city, we have decided to drop the lawsuit against the City of North Port,” Hamilton wrote. “The lawsuit is no longer appropriate, as the City Commissioners have acted in the best interests of all residents within the City of North Port and Wellen Park.”
Residents of the West Villages subdivisions of Wellen Park are seeking to separate from the city, in part because they do not feel they receive adequate services from the city for their taxes.
The decision hinged on five criteria.
In a motion by City Commissioner Debbie McDowell and seconded and later amended by Vice Mayor Pete Emrich, the board rejected the citizens petition based on the grounds that the land met the criteria for annexation under state statue 171.043. That law defines the character of an area suitable for contraction. The board also said the commission had to consider the public health and safety for all residents, that it was not feasible to contract the boundaries because of the urbanization of the area, contraction was not in the best interest of the future goals of the city and it would not be fiscally neutral.