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CITIZENS FOR TERM LIMITS & ACCOUNTABILITY, INC. v. LYONS

No. 1D08-4525.

995 So.2d 1051 (2008)

CITIZENS FOR TERM LIMITS & ACCOUNTABILITY, INC., a Florida nonprofit corporation, Appellant/Cross-Appellee, v. Roy LYONS, Appellee/Cross-Appellant, and Honorable Barbara A. Kirkman, as Supervisor of Elections for Clay County, Florida, Clay County, Florida, a public body corporate, and Diane Hutchings, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied November 21, 2008.

Attorney(s) appearing for the Case

Joseph W. Little, Gainesville, for Appellant/Cross-Appellee Citizens for Term Limits & Accountability, Inc.

C. Allen Watts of Cobb & Cole, DeLand, for Appellee/Cross-Appellant Roy Lyons; Ronald A. Labasky of Young, Van Assenderp, P.A., Tallahassee, for Appellee Barbara A. Kirkman.

No appearance for Appellees Clay County, Florida, and Diane Hutchings.

BENTON, J.

We have for review an amended final summary judgment that would effectively invalidate two proposals to amend Clay County's home rule charter, and that rejected a legal challenge that sought to preclude a vote on a third proposed amendment. We affirm in part and reverse in part.

I.

The County Commission of Clay County consists of five members, each elected from a single-member district. In the 2006 general election, however, the voters...

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