Green Cove Blocks Legal Gut Punch; Next Comes the Trial

Judge Denies Pegasus Request for Summary Judgement

In July 2022, the Green Cove Springs City Council voted 4-1 to annex, rezone and approve an apartment complex a half-mile from the end of a runway. Only Councilor Thomas Smith (at far right) dissented. Those decisions caused the aviation company operating the runway to file suit, and legal maneuvering is continuing as both sides gear up for trial. (Green Cove Springs photo)

Pegasus Technology, suing Green Cove over an apartment approval, suffered a setback yesterday when Circuit Court Judge Don Lester denied the aviation company’s motion for summary judgement. An approval would have short-circuited the process, handing Pegasus a surprise victory, but now the case appears headed for trial on July 6 and 7 as scheduled.

A motion for summary judgement can be approved when there are no facts in dispute and the judge determines that the applicant has the law on its side.

In this case, Lester said a reading of applicable laws could not show that Green Cove had created a “spot zone” when it annexed, rezoned and approved a 14-acre parcel for apartments. A spot zone is a single land use—in this case, apartments—surrounded by non-residential uses such as commercial or industrial. In modern land planning, spot zoning is universally held to be undesirable.

“At the very least, there are conflicting opinions and facts on this point which are more appropriately resolved by a finder of fact at trial,” Lester wrote in his 10-page ruling. The judge offered similar reasoning as he dismissed the argument that the city’s approval of the apartment complex was “facially inconsistent” with its Comprehensive Plan.

Lawyers at trial will also debate whether Green Cove Springs had a duty to develop an airport hazard plan before approving a 260-unit, four-story apartment complex that aligned directly with the Pegasus runway, about a half-mile away.

Reynolds Industrial Park has joined its tenant, Pegasus Technologies, as co-plaintiff. Reynolds and Pegasus are suing not just the city, but also the property owners—the family of well known local politician and philanthropist Virginia Hall.

For more background on the motion to dismiss, please refer to an earlier story headlined:

At the bottom of that story, you will also find links to another six stories about the dispute. Or you can visit the website.