Following the Ruling from the original complaint filed against a Duval County couple for their Gold certified FFL (Florida Friendly Landscape) yard the HOA decided to continue with a new Motion for Rehearing/Alter Judgment.
Earlier this week the Motion for Rehearing/Alter Judgment was denied by the Judge so I am now able to make a couple comments on the Motion. The Duval County Case number is 16-2012-CC-007430 if anyone would like to refer to any part of the case.
In the Motion for Rehearing/Alter Judgment the Order filed on July 31, 2013 states the ruling on the earlier motion did a “grave injustice” to the HOA based on the non-mention of the strip of land between the sidewalk and the street which is considered “common area” and further requests the previous ruling be withdrawn or modified. The reasons cited were 1. The Judgment allows an application to be filed to develop land not owned by the applicant, 2. Allows a partial application to vest the entirety of a lot or Improvement, 3. Allows for substantial deviation from an application without loss of an approval, and, 4. It is unclear what has been “vested” given the Association’s underlying “fee interest” and the City of Jacksonville’s pre-emptive “right of way” easement.
The detailed arguments for each point are, at best, entertaining and far-fetched as I read them! The Defendants’ attorney answered the arguments leaving little question as to the legitimacy of the Plaintiffs’ objections to the original ruling. As Mr. Ansbacher pointed out, the HOA never stated anything in the original motion demanding the homeowners needed to replace their perennial peanut ground-cover with grass in the strip between the sidewalk and the street…this and issues about the side and back yard only came up after the initial mediation which had been court ordered. It seems the HOA was grabbing at straws to continue the fight. Apparently the Judge must have thought the same as the latest Motion was denied. Hopefully the Sidles will be able to enjoy their drought tolerant yard without harassment from the HOA Board and any following Board members will embrace any new Florida Friendly Landscapes in the community!