BREAKING NEWS!!! Judge issues ruling in West Orange County relief high school case Nov. 20, 2015 - The Honorable Judge Alice Blackwell delivered a Judgment Following Trial in the declaratory action case filed by the School Board of Orange County against Orange County Government over the construction of a relief high school in West Orange County. The Court’s Judgment confirmed the position of Orange County Public Schools that the selected location for the relief high school conforms with all applicable law, including Orange County’s own ordinances. The Court stated in part that, “…declaratory judgment should be entered in order to clarify the duties and responsibilities of the Defendant [Orange County] in connection with Plaintiff’s [the School Board’s] application for special exception. Orange County’s Comprehensive Plan, as well as its codes, enacted pursuant to state law, mandate that Plaintiff be allowed a special exception for this property for the purposes of a school.” The Court further ruled that “…Plaintiff met its burden of proof and finds in favor of Plaintiff in part on Count I. Orange County’s Public School Siting Regulations were jointly enacted pursuant to Florida Statutes and the Orange County Comprehensive Plan and are the most specific and mandatory regulation that Defendant has obligated itself to follow, controlling the criteria and location of public schools within Orange County. Defendant, contrary to its own regulation in this regard, failed to adequately consider and negotiate the requirements for approval of the school site. Further, Defendant failed to provide any advance notice to the Plaintiff that it would not follow the Public School Siting Regulations and, therefore, Defendant may not ignore the requirements of the Orange County Public School Siting Regulation and Comprehensive Plan in considering the application of the Plaintiff for a special exception to construct a high school on the Plaintiff’s property at issue in this case.” Previously, Orange County Public Schools (OCPS) negotiated a proposed settlement agreement with Orange County, which was voted down by a 4-3 vote by the Board of County Commissioners in April 2014. In light of the Judgment issued by the Court, OCPS looks forward to resolving the related outstanding issues with Orange County, and swiftly providing a relief high school for west Orange County. Please read the complete judgment document here;.
Posted on: Tue, 20 Jan 2015 23:53:44 +0000
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