Mar 27, 2014
Bloomingdale Residents Continue To Await Court Hearing Decision
By Tamas Mondovics
As of press time, residents were awaiting a ruling. Story will be updated online as soon as information is released.
Bloomingdale area residents hoping to halt the development of the now infamous Bloomingdale Big Box and residential complex project within their neighborhood are anxiously awaiting an answer following a court hearing last month. No decision has been made as of press time, but as soon as the results of the hearing are made public, the Website will be updated. The topic is the Bloomingdale MUD (Mixed Use Development), which was approved by the county and proposed by developer Red Cast Bloomingdale LLC., involving plans for 158,800 sq. ft. big box store—most still believe to be a Wal-mart or a similar retailer—with 720 proposed number of parking spaces, five out-parcels as well as a residential complex with 261 apartments or condominiums.
In an update on its Website, Can-Do (Coordinated Active Neighborhoods for Development Organization) representing Bloomingdale area residents said that the case got its first review in front of 13th circuit judge, William P. Levens.
The group filed a lawsuit late last year against Hillsborough County and Developer Red Cast Bloomingdale LLC, involving the project. Both entities replied with a motion to dismiss the case with prejudice based upon the belief that it is not valid.
The online update said the request to dismiss with prejudice means that the case would be dismissed not allowing an amended filing by the attorney. Attorney Pamela Joe Hatley, representing the plaintiff, Bloomingdale area resident Fred Brown in the case attended the review, facing five attorneys from Hillsborough County and two attorneys representing Red Cast Bloomingdale LLC. As the issue continues to be tweaked and qualified by both sides of the table, Can-Do spokesperson, George Niemann, explained that the issue heard by the judge is not if the county in fact followed procedure in their process for the property, but rather, that the case does not have merit as the county is stating.
“The issue of if the county followed or failed to follow proper process was not being decided,” Niemann said. “But if the motion to dismiss is denied and the case moves forward, the rest of the issues can be properly and deservedly addressed.”
Judge Levens did not provide an immediate ruling and said he would provide a decision within a fairly short time after reviewing the issues in question.
Niemann added, however, that if the case is dismissed, Can-Do will have to brainstorm its next step. Visit www.kwuick.com/BloomingdaleBigBox/SitePages/Position.aspx.