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Judge splits ruling in GRU charter referendum challenge; city attorneys recommend appeal, commissioners weigh rerun or negotiation
Summary
After a March hearing, Circuit Judge Wright granted summary judgment to the City on whether the City may call a charter-changing referendum but ruled for the Gainesville Regional Utilities Authority (GRUA) on the ballot summary language; city attorneys recommended the commission preserve appellate rights and consider a clarified re‑referendum.
A circuit court ruling on the legal challenge to November's charter referendum produced a split decision that leaves the issue unresolved as the Gainesville City Commission considers whether to appeal or run a clarified ballot measure.
City Attorney Dan Nee told commissioners that after an extensive hearing Judge Wright announced he would grant summary judgment to the city on the central home‑rule question — that the elected city commission may call a referendum proposing amendments to the city charter — but would rule for the Gainesville Regional Utilities Authority on a challenge to the ballot language, finding the summary could mislead voters. The court accepted the city's position on the separate business‑impact estimate challenge.
Why this matters: The court’s split ruling means the November referendum — which passed with nearly 73 percent of city voters — is vulnerable because the judge found the ballot summary problematic. If either side appeals, the question will likely be tied up in appellate courts for a year or more. Commissioners face two main paths: appeal the ruling now or revise and re‑run a cleaner, court‑resistant ballot question for…
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