Judge allows Mayport lawsuit

[thelakelander]

Residents are allowed to challenge building a cruise ship terminal.

By David Bauerlein, The Times-Union

Mayport Village residents fighting construction of a cruise ship terminal can take their lawsuit to trial, a judge has ruled.

The Jacksonville Port Authority and City Hall tried to quash the lawsuit.

Circuit Judge Peter Fryefield dismissed six counts of the suit but decided two counts met the standard for a trial.

"We're very hopeful," Mayport Village Civic Association President Michelle Baldwin said Thursday. "It's a good sign."

Deputy General Counsel Tracey Arpen, representing the port and city, likewise found favor in the judge's ruling, noting the rejection of six counts.

"We think we will be able to ultimately prevail on the other two," Arpen said.

The Jacksonville Port Authority has been buying land in Mayport Village for possibly relocating the cruise ship terminal near the Dames Point Bridge.

The land by the bridge has emerged as the top spot where Hanjin Shipping Co. Ltd. of South Korea could build a cargo terminal. Even before Hanjin, Jaxport had been seeking a new site for the cruise ships because they face a tight squeeze under the Dames Point bridge and power lines spanning the St. Johns River. Mayport would avoid that conflict.

Fryefield's ruling, issued Monday, said the civic association can challenge whether the port is barred from building a cruise ship terminal in Mayport Village because the state designated the village as a "recreational and commercial working waterfront" for uses such as boat repairs, wharfs and docks. State law says "seaports" are excluded from the list of activities that justify the special designation. However, the statute does not define seaport.

Fryefield ruled the civic association can challenge how City Hall turned over operation of the St. Johns River Ferry to the port last September. The handoff conveyed city-owned property in Mayport Village to the port, and those parcels are part of the potential site for the cruise terminal.

The judge rejected other counts on grounds they involve the "mere possibility of a dispute in the future." The dismissals covered contentions about traffic, environmental concerns, land use regulations, demolition of historic buildings and whether the cruise terminal would violate the village's height limits.

Jaxport spokeswoman Nancy Rubin said the port board has authorized buying property in Mayport Village to make it an option for a cruise ship berth, but the board hasn't authorized construction.

"It would be up to them to approve that and they would look at it as a business decision," she said.

Carnival Cruise Lines stopped sailing out of Jacksonville in April but is set to resume service in September. Rubin said Jaxport has a one-year agreement with Carnival for use of the site by the Dames Point bridge.

http://www.jacksonville.com/tu-online/stories/081508/bus_318833896.shtml

[duvalbill]

Residents are allowed to challenge building a cruise ship terminal.

By David Bauerlein, The Times-Union

Mayport Village residents fighting construction of a cruise ship terminal can take their lawsuit to trial, a judge has ruled.

The Jacksonville Port Authority and City Hall tried to quash the lawsuit.

Circuit Judge Peter Fryefield dismissed six counts of the suit but decided two counts met the standard for a trial.

"We're very hopeful," Mayport Village Civic Association President Michelle Baldwin said Thursday. "It's a good sign."

Deputy General Counsel Tracey Arpen, representing the port and city, likewise found favor in the judge's ruling, noting the rejection of six counts.

"We think we will be able to ultimately prevail on the other two," Arpen said.

The Jacksonville Port Authority has been buying land in Mayport Village for possibly relocating the cruise ship terminal near the Dames Point Bridge.

The land by the bridge has emerged as the top spot where Hanjin Shipping Co. Ltd. of South Korea could build a cargo terminal. Even before Hanjin, Jaxport had been seeking a new site for the cruise ships because they face a tight squeeze under the Dames Point bridge and power lines spanning the St. Johns River. Mayport would avoid that conflict.

Fryefield's ruling, issued Monday, said the civic association can challenge whether the port is barred from building a cruise ship terminal in Mayport Village because the state designated the village as a "recreational and commercial working waterfront" for uses such as boat repairs, wharfs and docks. State law says "seaports" are excluded from the list of activities that justify the special designation. However, the statute does not define seaport.

Fryefield ruled the civic association can challenge how City Hall turned over operation of the St. Johns River Ferry to the port last September. The handoff conveyed city-owned property in Mayport Village to the port, and those parcels are part of the potential site for the cruise terminal.

The judge rejected other counts on grounds they involve the "mere possibility of a dispute in the future." The dismissals covered contentions about traffic, environmental concerns, land use regulations, demolition of historic buildings and whether the cruise terminal would violate the village's height limits.

Jaxport spokeswoman Nancy Rubin said the port board has authorized buying property in Mayport Village to make it an option for a cruise ship berth, but the board hasn't authorized construction.

"It would be up to them to approve that and they would look at it as a business decision," she said.

Carnival Cruise Lines stopped sailing out of Jacksonville in April but is set to resume service in September. Rubin said Jaxport has a one-year agreement with Carnival for use of the site by the Dames Point bridge.

http://www.jacksonville.com/tu-online/stories/081508/bus_318833896.shtml

It sounds like they're arguing that a taking has occurred or that an improper delegation has occurred.  If the citizens are arguing that there has been an unlawful delegation of power, they will undoubtedly lose.

[JeffreyS]

The question is why are they fighting. I know beauty is in the eye of the beholder but the Mayport village is so ugly any change has to be good.  Everything there is dilapidated and blighted. That being said I think local residents should have final say almost every time about the use of their community.( no matter how misguided. I mean what are they thinking no amount of traffic is that bad.)

[Jason]

Most of the fishing industry is already moving to Brunswick and St. Augustine anyways.  What little bit is left will likely sell out or relocate in the near future.

IMO, the residents stand to pocket a pretty penny with all of the additional tourism dollars and increased property values.

[thelakelander]

This could be a opportunity for Mayport residents to get additional improvements for their community.  If the residents and the port authority can work together, the entire community (especially Mayport) could become winners.