Professional Documents
Culture Documents
Plaintiff, DAVID ADAMS, individually, and as the natural parent and guardian of his
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NASSAU TIMBER PROPERTIES II, LLC, a Delaware limited liability company
Introduction
1. This is an action seeking declaratory, injunctive, and other relief against Defendants
that the SCHOOL BOARD's agreement, as well as the construction and operation of that school
pursuant to that agreement, constitutes an unlawful and unconstitutional special gain and private
benefit for land developers Defendant RAYONIER and Defendant TERRAPOINTE (the real
estate arm of RAYONIER). This action seeks to have this Court declare null, void, and
unenforceable (on statutory, public policy, and constitutional grounds) the agreement and
contract between SCHOOL BOARD, RAYONIER, and TERRAPOINTE that was used to create
2. This Court has jurisdiction under sections 26.012 and 86.011, Florida Statutes, and Art. I,
Sections 2, 9, and 21, and Art. 5, Section 20(c)(3), of the Florida Constitution. Venue properly lies
in Nassau County as this action seeks to declare rights under an agreement between Defendants
which is to be performed in Nassau County, and seeks to enjoin actions of Defendants within
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3. Plaintiff is a resident of Nassau County, a citizen and taxpayer of the State of Florida, and
the natural parent and guardian of Plaintiff's Child. Plaintiff's Child is a 10-year old female, a
resident of Nassau County, and an A student who attends the fourth grade at Yulee
Florida with providing free and appropriate public education for all education-age children in
BOARD.
over 24,000 acres of timberland and wetlands In Nassau County into a commercial and
7. All conditions precedent to the filing of this action have occurred, have been
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the Property an elementary school to be known as WILDLIGHT ELEMENTARY SCHOOL.
A copy of the AGREEMENT is attached hereto and made a part hereof as EXHIBIT A.
9. Contrary to the implication and inclusion and use of the word DONATION in the
designation of the title of the AGREEMENT, RAYONIER and TERRAPOINTE each have
received, and will continue to receive, substantial tangible and intangible benefits and
consideration for their transfer of the Property to SCHOOL BOARD. Tangible benefits
include, but are not limited to, credits against future educational impact fees. Intangible
benefits include, but are not limited to, market branding of the name Wildlight1 as well as
11. Contrary to the provisions of FS 1013.14(1)(b), SCHOOL BOARD did not obtain any
12. Under the AGREEMENT there is a reservation of student capacity for residential
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Raydient Inc., a corporate subsidiary of RAYONIER filed to obtain a trademark for
Wildlight Elementary School in 2015 and has obtained, or is seeking to obtain, trademarks
for the use of the Wildlight name in conjunction with businesses involved with clothing, real
estate management, leasing and rental, real estate development, planning and construction, and
restaurant and bar services.
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According to Defendants RAYONIER and TERRAPOINTE, [a] key feature of the new town
will be Wildlight Elementary School. see www.wildlight.com Quick Facts
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SCHOOL BOARD has agreed that the residents of WILDLIGHT will have the right to attend
residential development within WILDLIGHT will generate sufficient numbers of students so that
the school will reach its capacity. As a result, WILDLIGHT ELEMENTARY SCHOOL (as
14. Plaintiff and Plaintiff's Child reside on the wrong side of the tracks outside the
15. SCHOOL BOARD generally maintains a policy of open enrollment, however, upon
information and belief, said policy will not apply to WILDLIGHT ELEMENTARY
SCHOOL.
science, technology, and engineering so that the school will become a regional educational
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17. Under the AGREEMENT, the construction design and plan of WILDLIGHT
18. Under the AGREEMENT, SCHOOL BOARD is restricted and/or precluded from
BOARD purposes. Such restrictions include, but are not limited to, the use of the Property as a
19. Under the AGREEMENT, failure of the SCHOOL BOARD to comply with certain initial
and continuing obligations will result in the forfeiture of the property, and through a reverter
ownership of the property and all improvements thereon shall become the property of
20. Under the AGREEMENT, SCHOOL BOARD and TERRAPOINTE have agreed to
de facto joinder by the SCHOOL BOARD in the ENCPA Mobility Fee Agreement and the
funding scheme set forth in Ordinance 2011-10 adopted by the Nassau County Board of
County Commissioners on June 24, 2014. The primary beneficiary of the ENCPA and the
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The EAST NASSAU COUNTY PLANNING AREA ("ENCPA"), was established in the
Nassau County 2030 Comprehensive Plan adopted by the Nassau County Board of County
Commissioners in Ordinance 2011-04; and is subject to The East Nassau Community Planning
Area Proposed Transportation Improvements and Mobility Fee Agreement approved by the
Nassau County Board of Commissioners and dated June 24, 2013 (the "ENCPA Mobility Fee
Agreement").
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21. The ENCPA Mobility Fee Agreement, and SCHOOL BOARD's integration into the
ENCPA, will diminish ad valorem tax revenues that would have otherwise been payable to
22. Under the AGREEMENT and upon information and belief, SCHOOL BOARD has
advanced (or will advance) SCHOOL BOARD funds to build a road as an entrance into
23. Plaintiff has retained the services of the undersigned attorney and is obligated, in the
event Plaintiff's attorney fees are awarded from or otherwise are properly collectible from
24. Plaintiff re-alleges and incorporates each of the allegations above as if fully set-forth
herein.
25. There is an actual controversy between the parties as to the legality and constitutionality
of the AGREEMENT.
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Although it is the intent of Defendants that SCHOOL BOARD will eventually recoup said
funds through the ENCPA Mobility Fee Agreement, no interest is payable and no timeline is
established for repayment.
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26. A declaratory judgment will serve a useful purpose in clarifying and settling legal
issues, and will afford relief from uncertainty, insecurity, and controversy.
27. Florida law prohibits the expenditure of public money for a private purpose. It is
irrelevant whether the money is derived by ad valorem taxes, by gift, or otherwise. Public
money cannot be appropriated for a private purpose or used for the purpose of acquiring
28. The power and authority given to SCHOOL BOARD to provide for the education of
our children and to acquire, own, and hold property, carries with it the necessary limitation
that the same shall be for proper and lawful purposes, and that the benefits arising therefrom
shall be reserved for the public and not private sector developers.
for under the AGREEMENT, constitutes an impermissible private benefit to private sector
SCHOOL BOARD to implement and maintain same, as provided under the AGREEMENT,
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constitutes an impermissible private benefit to a private sector developer - Defendant
TERRAPOINTE.
31. The right of Defendants RAYONIER and TERRAPOINTE to determine the design
BOARD to implement and adhere to same, as provided under the AGREEMENT, constitutes
TERRAPOINTE.
32. The right of Defendants RAYONIER and TERRAPOINTE to restrict the operations
TERRAPOINTE.
33. The advancement of SCHOOL BOARD funds for providing access to Defendant
Defendant RAYONIER.
34. The private benefits conveyed under the AGREEMENT by Defendant SCHOOL
with one another that the AGREEMENT can not be reformed and the legally repugnant
provisions stricken.
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WHEREFORE, Plaintiff demands judgment from this Court:
Defendants RAYONIER and TERRAPOINTE and that the related provisions of the
AGREEMENT be stricken, deemed null and void, and shall otherwise be unenforceable
b) awarding Plaintiff his costs and filing fees and, if provided for by law, attorney fees; and
35. Plaintiff re-alleges and incorporates each of the allegations above as if fully set-forth
herein.
36. There is an actual controversy between the parties as to the legality and constitutionality
of the AGREEMENT, and the delegation thereunder of powers and authority reserved by law.
37. A declaratory judgment will serve a useful purpose in clarifying and settling legal
issues, and will afford relief from uncertainty, insecurity, and controversy.
38. ARTICLE IX, Section 4 (b) of the Florida Constitution provides in part that The school
board shall operate, control and supervise all free public schools within the school district.
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39. Section 1001.32, Florida Statutes, provides that:
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(1)Determine policies and programs consistent with state law and rule deemed
necessary by it for the efficient operation and general improvement of the district school
system.
(2)Adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of
law conferring duties upon it to supplement those prescribed by the State Board of
Education and the Commissioner of Education.
(3)Prescribe and adopt standards and policies to provide each student the opportunity
to receive a complete education program, including language arts, mathematics, science,
social studies, health, physical education, foreign languages, and the arts, as defined by
the Sunshine State Standards. The standards and policies must emphasize integration and
reinforcement of reading, writing, and mathematics skills across all subjects, including
career awareness, career exploration, and career and technical education.
...
(6)Assign students to schools.
...
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(e)Classification and standardization of schools.Provide for the classification and
standardization of schools.
...
(9)COURSES OF STUDY AND OTHER INSTRUCTIONAL MATERIALS.
Provide adequate instructional materials for all students in accordance with the
requirements of chapter 1006.
(10)TRANSPORTATION OF STUDENTS.After considering recommendations of
the district school superintendent, make provision for the transportation of students to the
public schools or school activities they are required or expected to attend; authorize
transportation routes arranged efficiently and economically; provide the necessary
transportation facilities, and, when authorized under rules of the State Board of Education
and if more economical to do so, provide limited subsistence in lieu thereof; and adopt
the necessary rules and regulations to ensure safety, economy, and efficiency in the
operation of all buses, as prescribed in chapter 1006.
(11)SCHOOL PLANT.Approve plans for locating, planning, constructing,
sanitating, insuring, maintaining, protecting, and condemning school property as
prescribed in chapter 1013 and as follows:
(a)School building program.Approve and adopt a districtwide school building
program.
(b)Sites, buildings, and equipment.
1.Select and purchase school sites, playgrounds, and recreational areas located at
centers at which schools are to be constructed, of adequate size to meet the needs of
projected students to be accommodated.
2.Approve the proposed purchase of any site, playground, or recreational area for
which district funds are to be used.
3.Expand existing sites.
4.Rent buildings when necessary.
...
6.Provide for the proper supervision of construction.
7.Make or contract for additions, alterations, and repairs on buildings and other school
properties.
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8.Ensure that all plans and specifications for buildings provide adequately for the
safety and well-being of students, as well as for economy of construction.
(c)Maintenance and upkeep of school plant.Provide adequately for the proper
maintenance and upkeep of school plants, so that students may attend school without
sanitary or physical hazards, and provide for the necessary heat, lights, water, power, and
other supplies and utilities necessary for the operation of the schools.
...
BOARD of its constitutional and statutory powers and authority. Succinctly, there exists no
powers reserved to the State Board of Education under Florida Statutes section 1001.03.
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As set forth in Florida Statutes sections 1001.32, 1001.41, and 1001.42.
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WHEREFORE, Plaintiff demands judgment from this Court:
a) declaring that Defendant SCHOOL BOARD unlawfully delegated its statutory and
that the related provisions of the AGREEMENT be stricken, deemed null and void, and shall
otherwise be unenforceable
b) awarding Plaintiff his costs and filing fees and, if provided for by law, attorney fees; and
45. Plaintiff re-alleges and incorporates each of the allegations above as if fully set-forth
herein.
46. There is an actual controversy between the parties as to the legality and constitutionality
of the AGREEMENT, and the pledge of credit by Defendant SCHOOL BOARD to Defendants
47. A declaratory judgment will serve a useful purpose in clarifying and settling legal
issues, and will afford relief from uncertainty, insecurity, and controversy.
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Pledging credit.Neither the state nor any county, school district, municipality, special
district, or agency of any of them, shall become a joint owner with, or stockholder of, or
give, lend or use its taxing power or credit to aid any corporation, association, partnership
or person
Defendants and constitutes an unlawful provision by Defendant SCHOOL BOARD of its taxing
50. The advancement of any SCHOOL BOARD funds which aid Defendant RAYONIER in
SCHOOL BOARD of its taxing power and credit to aid Defendants RAYONIER
a) declaring that Defendant SCHOOL BOARD, by entering into the AGREEMENT with
Defendants RAYONIER and TERRAPOINTE, did impermissibly use its taxing power and
credit to aid Defendants, and that the AGREEMENT be deemed null and void, and shall
otherwise be unenforceable
b) awarding Plaintiff his costs and filing fees and, if provided for by law, attorney fees; and
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COUNT IV DECLARATORY RELIEF
Reverter Clause Against Public Policy and Ultra Vires
51. Plaintiff re-alleges and incorporates each of the allegations above as if fully set-forth
herein.
52. There is an actual controversy between the parties as to the legality of a reverter clause
53. A declaratory judgment will serve a useful purpose in clarifying and settling legal
issues, and will afford relief from uncertainty, insecurity, and controversy.
54. The reverter clause contained in the AGREEMENT seeks to compel Defendant SCHOOL
BOARD to comply with certain provisions of the AGREEMENT. Failure to comply (after notice
55. There is no provision under Florida law providing for the SCHOOL BOARD to acquire
property subject to a forfeiture / reverter clause. The agreement by Defendant SCHOOL BOARD
to a reverter clause was therefore ultra vires, against public policy, and thus void, null and
without effect.
56. Florida Statutes, section 1001.42, provides in part that a school district shall:
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(k)Protection against loss.Provide for adequate protection against any loss or
damage to school property or loss resulting from any liability for which the district
school board or its officers, agents, or employees may be responsible under law...
A loss occasioned by the exercise of the reverter / forfeiture provision is not insurable, nor is
there any other form of protection available to cover such a loss.
57. The reverter clause is penal in nature and the loss occasioned by any reversion of title is
grossly disproportionate to any damage that Defendants RAYONIER and TERRAPOINTE may
suffer as a result of any failure to perform by Defendant SCHOOL BOARD. This reverter
clause places substantial public assets at risk and the exercise thereof will disrupt to the publics
a) declaring that the reverter clause contained in the AGREEMENT is penal in nature and
b) awarding Plaintiff his costs and filing fees and, if provided for by law, attorney fees; and
58. Plaintiff re-alleges and incorporates each of the allegations above as if fully set-forth
herein.
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59. There is an actual controversy between the parties as to the legality of the student
60. A declaratory judgment will serve a useful purpose in clarifying and settling legal
issues, and will afford relief from uncertainty, insecurity, and controversy.
61. The reservation of student capacity clause embodied in the AGREEMENT denies
Plaintiff and Plaintiff's Child the Florida Constitution's guarantee of equal civil and political
rights and thus denies Plaintiff and Plaintiff's Child due process as provided by Art. I,
62. The reservation of student capacity clause embodied in the AGREEMENT establishes
TERRAPOINTE, and those who are not. The reservation mandates separate facilities and
thus denies Plaintiff and Plaintiff's Child the Florida Constitution's guarantee of a uniform
a) declaring that the reservation of student capacity clause embodied in the AGREEMENT is
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[I]n the field of public education, the doctrine of `separate but equal' has no place. Separate
educational facilities are inherently unequal." Brown v. Board of Education, 347 U.S. 483, 495,
74 S.Ct. 686, 692, 98 L.Ed. 873 (1954).
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b) awarding Plaintiff his costs and filing fees and, if provided for by law, attorney fees; and
63. Plaintiff re-alleges and incorporates each of the allegations above as if fully set-forth
herein.
66. Plaintiff's Child faces a SCHOOL BOARD policy of discrimination and a radical change
of student capacity agreement for and on behalf of a private developer, and the concomitant
violation of her constitutional rights under Florida's Constitution. Such a change may have far-
matter a reservation of student agreement and enjoining Defendant SCHOOL BOARD from
b) awarding Plaintiff his costs and filing fees and, if provided for by law, attorney fees; and
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Respectfully submitted by:
______________________
WESLEY F. WHITE, ESQ.
Florida Bar No. 273392
Attorney for Plaintiff
2579 Oak Street
Jacksonville, FL 32204
Tel: (904) 586-3400
wfwhite@gmail.com
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EXHIBIT A
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