I think every lawyer has been waiting for a moment like this, not just Disney’s lawyers.
You know the old expression, you can’t fight city hall? Well, Disney is one of the few that has the ability to fight and win and as this article points out, it will be a blood bath. Honestly, I am shocked Disney is finally standing up for itself.
Out here in California when our idiot governor kept theme parks closed way longer than they should have been, we were shocked Disney didn’t go on the attack then. They should have, but unfortunately them not doing what they should have done then and doing what they are now, actually sets Newsom up for a good run at President and that would be absolutely terrible, I would rather have Trump and Biden as president and vice president (don’t care which is which) than have Newsom anywhere near the Whitehouse and I really don’t want Trump.or Biden there either.
Disney (WDW) will ultimately loose the fight against Florida and DeSantis on a legal technicality. In order for the contract signed between Reedy Creek Improvement District (RCID) and WDW that granted WDW oversight in perpetuity to be held lawful all government agencies involved had to have agreed in accordance with Florida law. Each government entity is required to hold a public hearing and provide public notics of the hearing. The WDW area in question is governed by three local governments; RCID, the Incorporated City of Bay Lake, and the Incorporated City of Lake Buenavista. Both cities have between 20 – 30 residents each.
There was an existing agreement between each city and RCID that grants RCID its powers for the purposes of planning and development, public works, and assessments. Neither of those agreements provide for RCID to assign the powers granted to it from the cities to a third party.
RCID did properly notice and hold a public hearing. However, because the existing agreement did not authorize RCID to further assign the rights of the cities to a third party, such as WDW, the contract is null and void as to all powers that belong to the cities; which includes public works, assessments, planning & development.
However, in order for the contract to be binding on the Incorporated cities, each city would have to have had a properly noticed public hearing and voted to allow RCID to further assign those powers to another entity. That did not occur. Therefore, the contract is absolutely null as it pertains to any powers exercised by RCID on behalf of the cities.
Additionally, RCID did pass a revised planning and development growth plan. However, the documents refer to attachments for specific information. But, none of those attachments are included in the public records of RCID or attached to the board member packets to be reviewed prior to voting. Therefore, those approvals are absolutely null.
With that said, DeSantis will also suffer politically during the campaign while this court battle plays out.
As a result, I predict a compromise where WDW agrees to refrain from public statements in politics that do not have a direct effect on WDW, such as taxes, redistricting, etc. In exchange Florida will increase the size of the board and give WDW 1 or 2 seats on the board, as well as giving local business owners in the district 1 seat, Orange county 1 seat , and Osceola County 1 seat, and possibly each of the two county sheriff’s a seat.
Comments for DeSantis Will Lose in “Bloodbath” Case Against Disney
Chris
I think every lawyer has been waiting for a moment like this, not just Disney’s lawyers.
You know the old expression, you can’t fight city hall? Well, Disney is one of the few that has the ability to fight and win and as this article points out, it will be a blood bath. Honestly, I am shocked Disney is finally standing up for itself.
Out here in California when our idiot governor kept theme parks closed way longer than they should have been, we were shocked Disney didn’t go on the attack then. They should have, but unfortunately them not doing what they should have done then and doing what they are now, actually sets Newsom up for a good run at President and that would be absolutely terrible, I would rather have Trump and Biden as president and vice president (don’t care which is which) than have Newsom anywhere near the Whitehouse and I really don’t want Trump.or Biden there either.
Don Marshall
Disney (WDW) will ultimately loose the fight against Florida and DeSantis on a legal technicality. In order for the contract signed between Reedy Creek Improvement District (RCID) and WDW that granted WDW oversight in perpetuity to be held lawful all government agencies involved had to have agreed in accordance with Florida law. Each government entity is required to hold a public hearing and provide public notics of the hearing. The WDW area in question is governed by three local governments; RCID, the Incorporated City of Bay Lake, and the Incorporated City of Lake Buenavista. Both cities have between 20 – 30 residents each.
There was an existing agreement between each city and RCID that grants RCID its powers for the purposes of planning and development, public works, and assessments. Neither of those agreements provide for RCID to assign the powers granted to it from the cities to a third party.
RCID did properly notice and hold a public hearing. However, because the existing agreement did not authorize RCID to further assign the rights of the cities to a third party, such as WDW, the contract is null and void as to all powers that belong to the cities; which includes public works, assessments, planning & development.
However, in order for the contract to be binding on the Incorporated cities, each city would have to have had a properly noticed public hearing and voted to allow RCID to further assign those powers to another entity. That did not occur. Therefore, the contract is absolutely null as it pertains to any powers exercised by RCID on behalf of the cities.
Additionally, RCID did pass a revised planning and development growth plan. However, the documents refer to attachments for specific information. But, none of those attachments are included in the public records of RCID or attached to the board member packets to be reviewed prior to voting. Therefore, those approvals are absolutely null.
With that said, DeSantis will also suffer politically during the campaign while this court battle plays out.
As a result, I predict a compromise where WDW agrees to refrain from public statements in politics that do not have a direct effect on WDW, such as taxes, redistricting, etc. In exchange Florida will increase the size of the board and give WDW 1 or 2 seats on the board, as well as giving local business owners in the district 1 seat, Orange county 1 seat , and Osceola County 1 seat, and possibly each of the two county sheriff’s a seat.
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