Residents urge county to pursue state acquisition after federal court dismissal of Pine Island lawsuit

At the start of public comment, residents urged the county to press for a public acquisition of the Pine Island property after a federal judge dismissed a developer’s lawsuit as moot. County staff had told council earlier that the dismissal left the county's Cultural Protection Overlay (CPO) intact, but did not decide the CPO's validity on the merits.

Robert New, who spoke during public comment, described the litigation as "lawfare" and said the developer’s actions have cost taxpayers "hundreds of thousands of dollars." He urged the council to "pursue" the option of the state acquiring the property and to form a committee to explore that path. "The use of frivolous lawfare as a negotiating tool will not work," New said.

Administrator remarks summarized the court ruling: the U.S. District Court found no live controversy after the plaintiffs withdrew a state-court appeal, so the federal case was dismissed on mootness grounds. County staff said they will correct the technical issue identified by the court and refile, and they acknowledged that the merits of the CPO remain unresolved in the judicial record.

A member of the public who identified herself as Melvia Tropiano asked the council and press to be precise in wording about the dismissal, noting: "This dismissal was not a decision on the merits. The judge did not rule that the CPO is valid, constitutional, or lawful." County staff said they plan to refile based on continuing impacts of the CPO and the county's subsequent actions.

Council did not take immediate policy action on a state acquisition request during the meeting; public commenters asked the council to form a committee and pursue options if the owner refuses to sell.