The United States Supreme Court this week declined to take up a review of a long-running dispute between Palm Beach Polo Inc. and the Village of Wellington, clearing the path for Wellington to collect more than $9 million.
“That means, essentially, this case is over,” Village Attorney Laurie Cohen told the Wellington Village Council at their meeting on Tuesday, Dec. 10.
“That’s excellent,” Mayor Michael Napoleone replied.
The case involves the developer’s disputed handling of a preserve area dating back many years.
Cohen said there could be a move for a rehearing, but she described those prospects as unlikely and expected the matter to be resolved within 60 days.
Attempts to reach attorneys for Palm Beach Polo were not immediately successful.
Online records show the U.S. Supreme Court declined to review the case Dec. 9. This was after a circuit court case ruled against the developer, in favor of the village, which was then upheld by the Fourth District Court of Appeal. The Florida Supreme Court then refused to take up the case.
Developers raised “due process” concerns about the village’s approach to the case, records show.
Wellington plans to pursue the release of funds in escrow that currently exceed $9.1 million, Cohen said at an agenda review meeting on Monday, Dec. 9.
The dispute involves the Big Blue Preserve in Wellington, located within the Palm Beach Polo Golf & Country Club community. The 92-acre preserve has been described as the largest remaining cypress hammock in Florida and one of the oldest in the state.
In other business:
- The possible sale of village-owned land known as K-Park to developer Related Ross and an educational partner appears on track to come before the council during a meeting Tuesday, Jan. 14, Village Manager Jim Barnes said. The sale, reaching the later stages of negotiation, would be contingent on village approval of hundreds of rental residences, restaurants, shops and a private school on about 69 acres southwest of State Road 7 and Stribling Way. That meeting could begin at 6:30 p.m., officials said.
- Wellington’s focus in the upcoming Florida legislative session will likely include a request for $1.5 million in state funding for a new Palm Beach County Sheriff’s Office substation, consultants briefing the council by online connection said. State Rep. Anne Gerwig (R-District 93), the former Wellington mayor who flipped the legislative seat to Republican last month, could be a factor in avoiding obstacles, such as the governor’s veto of budgeted funding for such a project this year, officials said.
- On final reading, the council unanimously passed revisions to its vacation rentals code, including a $300 fine for operating without a permit. This applies to home rentals, often through online platforms, to lease homes for 30 days or fewer.
- The council unanimously approved a new 30-year operating agreement with Florida Power & Light to provide electric service, which provides for a 6 percent franchise fee to the village, ultimately collected from utility ratepayers.
- The council approved steps to accept a clock donated by the Rotary Club of Wellington. It would be placed near the boardwalk at Wellington’s Town Center housing village offices on Forest Hill Blvd., with the Rotary paying for the maintenance of the clock itself, and the village handling adjacent landscaping. The vote to accept the clock was 4-0 with Councilwoman Maria Antuña recusing herself due to her involvement with Rotary.
In another move affecting that central civic area, the council voted unanimously to clarify that leashed dogs are allowed in the Town Center area, except where marked by signs, including the green space directly in front of the amphitheater. It replaced outdated code that didn’t necessarily allow dogs in certain village spaces. Service animals are allowed even in front of the amphitheater.