NORTH PORT – Developers of Wellen Park in North Port have amended their complaint in an attempt to halt a resident push to contract the boundaries of the city of North Port and deannex land west of the Myakka River.
The amended complaint, filed Feb. 4, comes on the heels of a Jan. 25 denial by Circuit Court Judge Hunter W. Carroll of their bid for a preliminary injunction against the process.
The city is currently paying a Fort Lauderdale-based consultant, Munilytics, $74,000 to conduct a feasibility study on contraction, based on an Oct. 28, 2020, petition signed by residents west of the Myakka River that sought deannexation of all land west of the Myakka River.
NORTH PORT – Circuit Court Judge Hunter W. Carroll denied a motion for a preliminary injunction against a resident push to contract the city of North Port Monday morning.
In a 12-page ruling, Carroll essentially said the push by the attorneys for Wellen Park, LLLP, Mattamy Tampa Sarasota, LLC; Neal Communities of Southwest Florida, LLC; and GB WV, LLC, to stop contraction did not prove “likelihood of irreparable harm; the unavailability of an adequate remedy of law; the substantial likelihood of success on the merits; and the injunction will serve the public interest.”
Given that, Carroll later wrote in his conclusion that, while the developers’ investment of more than $370 million is substantial, the uncertainty of deannexation is an adverse impact.