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HomeMy WebLinkAbout08 31 1989 Judge Sebastian Has 20 Days to Implement Charter Changes6A, Thursday, August 31, 1989, Vero Beach, Fla., press -Journal Judge: Sebastian Has 20 Days To Implement Charter Changes By PATRICIA DILALLA Sebastian Bureau Chief Sebastian's councilmen will have 20 days to adopt the city's ordinance implementing the airport charter changes or show cause why they should not do so, according to an order issued by Circuit Court Judge Paul B. Kanarek. Kanarek's order, which he signed Monday, states that the petition by Burt Snell shows, at first glance, a need for relief. "In order to issue the writ, the judge had to review the petition and had to come to a con- clusion there were grounds to issue it," said Burney J. Carter, Snell's attorney. While the recent order Is a procedural act, Carter said, the judge could have reviewed the petition and said there were not sufficient grounds for a writ to be issued. City Attorney Charles Nash said he will file an- othermotion to dismiss tbd lawsuit claiminif Snell may not have standing if he cannot prove he has been harmed by the council's action. The order does not address Snell's request for a temporary injunction against the city's use of money in the airport enterprise fund, Carter said. Last week, Kanarek approved an amendment to Snell's original petition asking that the airport enterprise fund'. be frozen until a permanent injunction is issued prohibiting use of the money except for expenditures authorized by ordinance, resolution and the charter amendment. The basis for that request is Snell's contention that $ 106,252 used from the fund for legal fees were improperly spent.. Snell sued the individual council members in June to force them to adopt the airport charter amendments approved by voters in March. Instead of adopting them, as required by the referendum vote, the council entered into an. agreement with the FAA. The agreement rails for a study of the airport and its relationship to the community, . The FAA became involved because of its a'=ijee- tions to noise provisions contained' in the nhar- ter amendments.