Breaking News: Courts side with Town in undergrounding lawsuit

Earlier today, Palm Beach County Circuit Court Judge Cymonie Rowe agreed with the Town and dismissed the Goldmacher lawsuit which challenged the undergrounding referendum ballot language.

In her judgment, the Honorable Rowe found that the ballot language for the undergrounding bond referendum was valid and the Town is permitted to issue bonds as approved to fund the project.

The judge in this case stated:

“Defendant’s (Town of Palm Beach) Motion is GRANTED as to all Counts of Plaintiff’s Amended Complaint, with findings that the ballot language is neither misleading nor inconsistent, that there is no violation of Ordinance 90.141, that the bond referendum is neither illegal nor void, that the ballot measure is neither illegal nor void, and that the Town is permitted to issue bonds as approved pursuant to the ballot referendum.”

Palm Beach Daily News
Judge tosses lawsuit challenging Palm Beach’s utilities plan

June 5, 2017
William Kelly

A Palm Beach County Circuit judge has dismissed a resident’s lawsuit challenging the March 2016 referendum in which voters narrowly approved up to $90 million in bonds to finance the burial of all overhead utilities on the island.

Judge Cymonie Rowe’s ruling this afternoon means the town is permitted to issue bonds, as stated in the referendum, to pay for the undergrounding project.

South End resident Arthur Goldmacher contended in the suit that the town put misleading ballot language before voters. The suit, filed last year, asked the judge to void the referendum result.

Rowe, after hearing attorneys on both sides during a hearing earlier Monday, granted the town’s motion asking for a ruling in its favor without a trial. Rowe found that the ballot language was neither misleading nor inconsistent and did not violate any laws.

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