Judge: Orange County’s growth-control measures can go on November ballot

A pair of growth-control measures set to face Orange County voters in November can remain on the ballot, surviving an effort by a landowner to have them tossed out.

Chief Judge Lisa Munyon denied a request for a temporary injunction filed by Lake Pickett North LLC, which owns property in rural east Orange. County leaders have rejected various development proposals on those ranchlands over the years, and one of the ballot measures enacts even stricter rules to develop.

Lake Pickett North, which most recently proposed the “Sustanee” project of 1,800 homes, alleged the county hadn’t prepared a business-impact statement prior to adopting the initiatives as required by state law, thus making the referendum null and void.

The suit challenged two separate county charter amendments: One would place further protections for rural areas within a so-called “rural boundary,” while the other would require a super-majority vote from county commissioners to approve voluntary annexations of unincorporated land into cities.

However, Munyon said she found flaws in the developers’ arguments and was hesitant to block voters from having their voices heard. In particular, she said that because the referendums were approved as resolutions rather than ordinances, a business-impact statement wasn’t required.

“The Court recognizes that granting the requested injunction would be a drastic remedy because it would effectively resolve the case by granting Plaintiff its ultimate requested relief, which is to prevent the voters of Orange County from deciding whether to approve these amendments to the County Charter,” she wrote.

Commissioner Emily Bonilla, whose district includes the Lake Pickett property, said she was thrilled with the ruling.

“I’m glad the court upheld the community’s right to be heard by rejecting the Lake Pickett North ballot injunction,” she said. “East Orange County residents deserve a say in decisions that impact their future, and I’ll continue to stand with them.”

Brent Spain of Theriaque & Spain, the firm representing Sustanee developer Sean Froelich and Lake Pickett North LLC, said his team was disappointed. “We are currently evaluating filing an appeal and amending the pending complaint to contest the county’s later-adopted resolutions approving the proposed charter amendments,” he said in an email.

The swift ruling allows the Orange County Supervisor of Election’s Office to begin mailing out overseas ballots as soon as this Friday, with other ballots to come. Had Munyon ruled to strike the referendums from ballots, a redesign may have delayed things.

“We appreciate the judge’s timely ruling in this matter as it will allow us to move froward with ballots for Orange County voters,” said Christopher Heath, a spokesperson for the elections office.

rygillespie@orlandosentinel.com