While results for the general election will trickle in on Nov. 5, the actual future of Gainesville Regional Utilities (GRU) may take until late December to settle following an Alachua County judge’s order on Wednesday.
Gainesville’s ballot measure asks if voters want to delete Section 7 of the city’s charter, eliminating the Legislature-created GRU Authority and returning utility control to the City Commission.
Judge George Wright with the Eighth Judicial Circuit granted the GRU Authority’s request for a temporary injunction on the ballot measure initiated by the Gainesville City Commission. The temporary injunction means if Gainesville voters approve the ballot measure, nothing will change until the authority’s lawsuit is settled in December.
However, if Gainesville residents vote “No” and decide against the ballot measure, then the issue will be nullified and the GRU Authority will continue to operate.
If residents vote “Yes” on the ballot measure, the lawsuit would involve a two-day trial on Dec. 19 and 20. The outcome of that trial would then determine if the ballot measure was legal and enforceable.
Wright found that the temporary injunction satisfied the four-pong test required by law. The measure is “an extraordinary remedy that should be granted sparingly,” according to a previous Florida case, and a recent motion against Alachua County’s ballot measure failed to meet the requirements.
The original lawsuit was filed on Sept. 10 by the GRU Authority, and its attorneys followed with the temporary injunction motion on Sept. 23. However, the authority has called the ballot measure illegal for months. Attorneys representing the GRU Authority presented its issues with the ballot measure back in May before the City Commission voted to move forward.
The GRU Authority has said the City Commission lacks the power to undo a special act of the Florida Legislature and, through the ballot measure, has failed to obey the special act’s direction to orderly transition the utility to the five-member authority.
Gainesville’s city attorney has said that nothing in state statute prohibits the commission from changing its charter, which is what the ballot measure attempts to do.
Wright was appointed to the bench by DeSantis
Just to be clear: People should still vote on this referendum. The SoE will count the votes and certify the election, as normal. A YES vote means you do not want the governor (any governor!) controlling our local utility. There is no other utility in the entire USA that has this bizarre governance structure.
Yes and well deserved contr The city government of Gainesville wrecked GRU finically by looting its cash and delusional huge green energy investments that don’t work,
I don’t want the city government anywhere near GRU. At least adults are in charge of GRU now, Maybe it’s financial situation can be healed.
Vote NO!