NORTH PORT, Florida – Residents of the West Villages community in North Port are appealing a recent ruling by Circuit Court Judge Danielle Brewer that denied their request for a writ of certiorari to compel the City Commission to prepare a voter referendum on whether to leave the city’s jurisdiction and return to unincorporated Sarasota County.
The appeal was filed on November 9, 2023 by attorneys for West Villagers for Responsible Government (WV4RG), a group that has been advocating for de-annexation of the West Villages area since 2020.
WV4RG argues that the City Commission should have been required to hold a voter referendum on de-annexation because the West Villages area is not contiguous with the rest of the city. State law requires that a voter referendum be held on de-annexation if the area proposed for de-annexation is not contiguous with the rest of the jurisdiction.
In her ruling, Judge Brewer found that the City Commission had acted properly in denying the request for a voter referendum. She found that the City Commission had considered all of the relevant factors and had provided specific reasons for its decision.
WV4RG is now appealing Judge Brewer’s ruling to the Second District Court of Appeal. If the court rules in favor of WV4RG, the City Commission will be required to hold a voter referendum on de-annexation.
The City of North Port has not yet commented on the appeal.
Background on the De-Annexation Effort
The West Villages area was annexed by the City of North Port in 2002 at the request of landowners. However, in recent years, a growing number of West Villages residents have become dissatisfied with the city government. Residents have complained about high taxes, poor infrastructure, and a lack of transparency from the city government.
In 2020, WV4RG was formed to advocate for de-annexation of the West Villages area. The group has argued that de-annexation would allow West Villages residents to have more control over their own government and would save them money on taxes.
In 2021, the North Port City Commission held a public hearing on a proposal for de-annexation of the West Villages area. However, the commission ultimately decided against de-annexation.
WV4RG then filed a lawsuit to compel the City Commission to hold a voter referendum on de-annexation. In 2022, Circuit Judge Hunter Carroll ruled in favor of WV4RG. The ruling was upheld by the Second District Court of Appeal.
In 2023, the City Commission held a new public hearing on de-annexation. However, the commission again decided against de-annexation. This time, the commission provided specific reasons for its decision, including a study of how much of the Wellen Park area was contiguous with the rest of the city and citing feasibility concerns.
WV4RG then filed a new legal action challenging the City Commission’s decision. The group is now appealing the circuit court’s ruling to the Second District Court of Appeal.
The outcome of the appeal could have significant implications for the future of the West Villages community. If WV4RG is successful, the West Villages area could become its own municipality.