IN THE COUNTY COURT OF THE SIXTH JUDICIAL CIRCUIT OF THE STATE OF

FLORIDA, IN AND FOR PASCO COUNTY, FLORIDA

PASCO COUNTY, A POLITICAL

SUBDIVISION OF THE STATE OF FLORIDA,

PLAINTIFF,

V- CASE NO. ^. QW - CC- 00-7f I -&

MEADOW POINTE II COMMUNITY DEVELOPMENTDISTRICT,
DEFENDANT.

COMPLAINT FOR TEMPORARY INJUNCTION

Plaintiff, PASCO COUNTY, FLORIDA, a political subdivision ofthe State of Florida, by

and through its undersigned attorney, sues MEADOW POINTE II COMMUNITY
DEVELOPMENT DISTRICT (hereafter "defendant"), and alleges:
GENERALALLEGATIONS

l. This is an action for temporary injunctive relief relating to violations of the

county's ordinances.

2. This Court has subject matter jurisdiction pursuant to Fla. Stat. § 34. 01(1)(b) and
34. 01(4).

3. Plaintiff is a political subdivision of the State of Florida, has an interest in the

health, safety and welfare of the public, is empowered to adopt ordinances

necessary for the exercise of its powers, and is responsible for administering and
enforcing its regulations concerning the health, safety, and welfare of its citizens.

4. Should this Court determine a temporary injunction is appropriate in this case,

Defendant is a governmental entity that may be sen/ed such injunction through

Page 1 of 5
 its Chairman of its elected board of supervisors, Michael Cline at

29707 Allegro Drive, Wesley Chapel, FL 33543.

5 Defendant has engaged in construction at the following location in violation of the

county's regulations: a portion of parcel No. 33-26-20-0040-OOOOO-OOAO on

Wrencrest Drive (hereafter "the Property").

6. The Property is within the unincorporated area of Pasco County.

7. The Defendant has constructed and erected an "arm-type" barrier on the
Property.

8. The Defendant did not obtain any permits or approvals of any kind from Pasco
County prior to installation of the arm-type barrier.

9. The arm-type barrier, employed by the Defendant in conjunction with the gate
onto the Property, is causing dangerous traffic back-ups along Mansfield
Boulevard.

10 Section 1-6(f) of the Pasco County Code of Ordinances ("PCC") provides that
"the owner, tenant, or occupant of any land or structure . . and ... any agent, or
other person who participates in, assists, directs, creates, or maintains any
situation that is contrary to the requirements of any county ordinance may be
held responsible for the violation."

11-Pasco County has technical requirements and permitting requirements for the
erection of structures on property. These regulations include:

a) Permits are required for the erection or construction of any structure. See
Sec. 18-33(a)PCC;
b) Adoption of technical building codes, including the Florida Building Code
and the National Electric Code. See Sees. 18-114 to 18-120 PCC;
c) Adoption of technical fire codes, including the Life Safety Code and the
Florida Fire Prevention Codes. See Sees. 46-1 PCC;

Page 2 of 5
 12. Pasco County has enacted land development regulations that ensure the orderly
and safe movement of cars on roads. These regulations include:
a) Continuation of existing street patterns and street access to adjoin
property; See sec. 906. 6. D. 11 Pasco County Land Development Code
(LDC);
b) Development of any property, including the carrying out of any building
activity, requires approval by the county; See sec. 403. 1 .H

COUNT 1-TEMPORARY INJUNCTIVE RELIEF

13. Plaintiff re-alleges and incorporates herein all of the allegations of paragraphs 1-
12, as if fully set forth herein.

14 This is an action for temporary injunctive relief without written or oral notice to the

adverse party.

15. Defendant continues to operate arm-type barriers on the Property which, in

combination of the Defendant's method of gate operation, is causing traffic back-

ups that endanger the safety of motorists lawfully using Mansfield Boulevard.

16. The construction of the arm-type barriers, in combination with the method the

Defendant's gate operation constitutes an open, public, repeated, continuous,

persistent, and intentional violation of the PCC and LDC.

17 When the government seeks an injunction in order to enforce its police power,

any alternative legal remedy is ignored and irreparable harm is presumed. Polk

County v. Mitchell, 931 So. 2nd 922, 926 (Fla. 2d DCA 2006) (citing Metropolitan

Dade County v. O'Brien, 660 So. 2d 364 (Fla. 2d DCA 1995)).

18. Pasco County has a clear legal right to the requested relief because the

Defendant is continuously and persistently violating the county's codes.

19 Pasco County has a substantial likelihood of success on merits.

Page 3 of 5
 20. A temporary injunction will serve the public interest.
21. Rule 1. 610(b) allows the Court to dispense with the requirement of a bond when
an injunction is issued on the pleading of a political subdivision.

22 This complaint is supported by affidavits demonstrating that immediate and

irreparable injury, loss, and/or damage with result to the county (on behalf of its
residents and other motorists lawfully using Mansfield Boulevard) before the
Defendant may be heard in opposition.

23. Further, the undersigned attorney certifies, through my signature below, that
efforts have been made to give notice of the county's concerns and demands to

Mr. Andrew Cohen, Esq. who serves as legal counsel to the Defendant. The

County Attorney's Office contacted Mr. Cohen in an effort to seek an agreement

from the Defendant that, until this matter could be set for hearing with both
parties present, the Defendant would raise the arm-type barriers and leave them

in a raised position. The Defendant relayed, through its attorney, it is unable

and/or unwilling to agree to voluntarily undertake the actions requested in the

injunction. Notice and hearing should not be required before issuance of the

temporary injunction, as the effects of the Defendants' actions are immediately-

dangerous and this interim measure is necessary to mitigate the danger to
motorists using Mansfield Boulevard.

A tern ora in'unction is sou htto.

a) Require Defendant to raise the arm-type barriers on the Property and

leave them in an upright position unless and until permission is obtained
from the Building Official, Fire Marshal, and site development personnel to
employ them.

Page 4 of 5
 b) If Defendant refuses to raise the arm-type barrier and keep it raised until
the provisions above are completed, or until the Court dissolves the
temporary injunction, Plaintiff is empowered to disconnect the electrical
connection or otherwise take necessary action to disable use of the arm-
type barrier by the Defendant.

WHEREFORE plaintiff requests issuance of a temporary injunction without notice

pursuant to Fl. R. Civ. P 1. 610(a)(1).

Respectfully submitted,

/s/KRISTI SIMS ESQUIRE

Sr. Assistant County Attorney

West Pasco Government Center

8731 Citizens Dr, Suite 340
New Port Richey, FL 34654
[email protected]
[email protected]
Tel. : 727-847-8120
Fax. : 727-847-8021
FBN: 0565091

Page 5 of 5
 AFFIDAVIT OF RICHARD MEAGHER

STATE OF FLORIDA)
COUNTY OF PASCO)

BEFORE ME, the undersigned authority, personally appeared the below identified

person and who after being duly sworn, deposes and says:

1. My name is Richard Meagher. I am a sworn law enforcement officer

employed as a Patrol Deputy for the Pasco Sheriff's Office in the State of Florida. I am

familiar with the state's traffic regulations, and conditions which pose a danger to motorists
using roadways.

2. I have reviewed photos (attached to William Poon's affidavit) of traffic

backups along Mansfield Boulevard near the intersection of Wrencrest Drive. I have also

personally observed over the past week the intersection at Mansfield Boulevard and

Wrencrest Drive, as well as the arm-type barriers installed near the gates on Wrencrest

Drive. The traffic backups (shown in the photos I reviewed) are immediately dangerous

and present a severe safety hazard for motorists using Mansfield Boulevard. I have

worked as a patrol deputy in this area since 2007, and have never seen backups to the
extent shown in the photos.

nfi_<
RICHARDMEAGH
DEPUTY, PASCOCOUNTYSHERIFF'S
OFFICE

[notarization,nextpage]
STATEOFFLOmDA

COUNTYOFPASCO

The foregomg instrument was acknowledged before me by means of^ physical presence or
D online notarization, this 3}'^1>cu^d^ 7^lfruu2^ ^yRichard Meagher, who is
personally known to me or who has p^rbfluced L.
identification.
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otary Public
My CommissionExpires:

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MY COMMISSION # OG14632
EXPIRES:July24, 2020
 Physical Location of Gates
33-26-20-0040-OOOOO-OOAO

MEADOWPOINTEIICOMMUNRY
DEVELOPMENTDISTRICT

33S-2G-2 0-0040
MEADOW POINTE
PARCEL1rl7. UNIT1
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 AFFIDAVIT OF WILLIAIVI POON

STATE OF FLORIDA)
COUNTY OF PASCO)

BEFORE ME, the undersigned authority, personally appeared the below identified

person andwho after being duly sworn, deposes and says:

1. My name is William Poon. I am a registered civil engineer in the State of

Florida. I am generally-familiar with the Land Development Code Requirements for

permitting, traffic operations, and development within Pasco County, Florida.

2. I have observed photos of traffic backups along Mansfield Boulevard near

the intersection ofWrencrest Drive (Exhibit A). I am aware that no permits or development
approvals have been given to the Meadow Pointe II C D t t II any arm-type arrier

WIL ON,..
SENIO ENGINEER R CURRENT
PLANNNG DIVISION, ASCOCOUNTY, FL

STATE OF FLORIDA

COUNTYOFPASCO

TheforegoinginstrumentwasacknowledgedbeforemebymeansofS^iysicalpresenceor
D onlinenotarization,this_S^Tt^P^-^ 21 .-^0-i0 by WilliamPoon,whois ersonally
kno o me or who has produced as identification.

Notary Public
CtiRISTINESUPEAU_ My Commission Expires:
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6 o'clock traffic trying to get in my

subdivision

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 AFFIDAVIT OF ESTHER OLUYEMI

STATEOF FLORIDA)
COUNT/ OF PASCO)

BEFORE ME, the undersigned authority, personalty appeared the below identified

person and who after being duly sworn, deposes and says:

1. My name is Esther Oluyemi. I am the Building Official for Pasco County,

Florida. I hold professional licenses as an architect and certified building official, among

other professional licenses, and I am familiar with the technical regulations that apply to

various forms of construction as well as the permitting requirements imposed by the State

of Florida and Pasco County. It is my opinion that the erection of arm-type barriers across

a roadway, and operated with electrical current requires one or more building permits. No

building permits have been sought for, or approved for, the construction at issue in this

case.

ES R YEMI
BUIL OFFICIAL, CO COUNTS, FL

STATE OF FLORIDA

COUNTY OF PASCO

The foregoing instrument was acknowledged before me by means ofB'physical presence or

D online notarization, this fils^^jUi Hfj ^k. ^QD by Esther Oluyemi, who is

ersonal wn to m r who haspAd&ced /l- ^t as

1 entification.

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Notary Public
My Commission Expires:

MAUREB(J.PECK_
EWtRES:October1. 2020
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 AFFIDAVITOF KARLTHOMPSON

STATE OF FLORIDA)
COUNTYOF PASCO)

BEFORE ME, the undersigned authority, personally appeared the below identified

person and who after being duly sworn, deposes and says:

1. My name is Karl Thompson. I am the Fire Marshal for Pasco County,

Florida.

2. I have observed the arm-type barriers installed on Wrencrest Drive by or at

the direction of the Meadow Pointe II CDD. This construction was done without the

required fire review and approval.

(.
KARLTHOMPSON
FIRE MARSHAL, PASCO COUNTY, FL

STATE OF FLOmDA

COUNTY OF PASCO

Theforegoinginstmmentwasacknowledgedbeforemebymeansof'I^physical presenceor
D online notarization, thiso2 t- S Q ^ by Karl Thompson, who is
personally knowntomeorwhohasproduced , £)ft t^fS iACff^S^os,
identification.

IT^UM^U^L. J^(^
NotaryPublic
My CommissionExpires:

MAUREENJ. PECK
MYCOMMISSION#00033332
EXPIRES; October 1, 2020
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