by Linda Charlton
Stephen Sprinkles has won his lawsuit against the City of Clermont. He just doesn’t know how much he has won. A judge determined that Sprinkles was right and the City was wrong. As things stand now, a jury is to determine the amount to be paid Sprinkles.
The Sprinkles case, filed in May 2017, is one of two cases filed on the basis of the City of Clermont improperly taking private property and building part of the Victory Point on it. The underlying dispute between City and the property owners centered on the dried-up lake bed that was once part of West Lake. City staffers figured the City-owned the lake bed. The property owners disagreed. Sprinkles case was the first to be filed and will be the last case settled. In both cases — Jo-EL, LLC vs. the City of Clermont was the other case — the private property owners have prevailed.
According to Sprinkles attorney, Jay Small, “we’ve scheduled a hearing on a case management conference so the Court can rule on preliminary questions which need to be resolved before a jury determines the amount of money Mr. Sprinkles is entitled to receive. We are preparing for trial; however, the City’s legal counsel and I have a good working relationship. In good faith, we’re trying to narrow issues for the Court and exploring settlement options.”
Speaking for the City of Clermont, Program Manager Emily Deal could only say that the city does not comment on ongoing litigation.
In both of the “taking” lawsuits, the disputed property lies under the stormwater pond on the south side of Minneola Avenue. The other case was settled over a year ago. For all practical purposes, Sprinkles won his case in August, when Judge Dan Mosley ruled that Sprinkles really was the rightful owner of the property in question and that the city must “institute condemnation proceedings … and impanel a twelve (12) member jury to determine the scope of taking and the amount to be awarded to Sprinkles — and award Plaintiff his reasonable attorneys’ fees and costs.”
The City initiated an appeal of the decision, but never followed through. The City failed to pay the $879 charge for records preparation, the deadline for transmitting the record to the appellate court passed, and on December 7, the appellate court dismissed the appeal on the basis of “lack of jurisdiction.”
The Sprinkles property, according to court records, measures 100 feet by 150 feet. The City took approximately half of it, on the north side, effectively land locking what remained.
Sprinkles vs. the City of Clermont (Aug 2019)
