Support Joe McClash's Wetland Protection Fight

I wanted to thank you for the donations funding my fight, our fight to restore our local wetland protection. I was facing a threat of over $250,000 for challenging what many of us knew was such an irresponsible vote to destroy our wetland protections.

I have good news to share. As of Friday November 22nd, the Judge finalized accepting the voluntary dismissal by Manatee County. The fee hearing will not take place because the new County Commissioners along with Commissioners Ballard, Bearden and Kruse voted 6 -1 not to seek the fees. Rahn was mumbling some incoherent comments to support his personal attack. However Commissioner Bearden pointed out to Rahn that he supported restoring the wetland policies that my challenge was all about and it did not justify seeking fees from me for doing what was the goal of the challenge. Rahn even denied voting to rescind changes destroying our wetland policies but Bearden pressed hard that Rahn was not correct in what he was stating. At one point the Board looked like it was going to delay the vote but Commissioner Dr. McCann having been sworn in a few hours earlier said he was ready to vote, Commissioner Felts also newly sworn in was ready, and Bearden's motion to waive the fees passed. The next step was for the County Attorney to prepare the dismissal with prejudice. That took place with the County filing the Dismissal with a cover letter it would not seek the ridiculous amount of fees. It was an important fight but seeking the fees for not even going to a hearing or preparing for one should cause an alarm that fighting the legal fight in the future may not be possible.

The real victory was not in the courts but at the polls. We have as a community ousted the developer controlled majority of County Commissioners by a strong majority of voters that refused to buy their propaganda machine. Wetland Protection was important to all voters regardless of the party. Van Ostenbridge (KVO) a dictator with no respect for his constituents lost Holmes Beach, his home by over 90 percent. The August Primary will be forever remembered as a turning point where the people educated themselves and said no more Beruff, no more Pedicini , and no more developer puppets.

In summary, we have a new Board willing to listen to us once again. We have a new Board on the first day correcting a wrong stemming from KVO that other board members let dictate and carry out his marching order from his developers. Some of those Board members now can prove to be leaders and represent us the citizens over some developer wanting more profits at our expense.

Yes, the light is shining a bit brighter today in Manatee County because of your involvement. Your support in this specific case was very much appreciated. I used the funds to pay for an Attorney to represent me in the fee case. If you have no objection, if any funds are left over I will donate those to Suncoast Water Keeper, the organization that files actions on our behalf to protect our coastal waters.

Thanks again,

Joe

Original Request and Story:

In fighting to protect our Wetland Policies, the County is requesting the Judge to award them from me personally, Attorney Fees and Costs.

The amount the County is requesting is over $250,000. While this amount will be decided at a future hearing, I have offered $50,000 and set this as a goal.

Your help would be appreciated, it was a challenge to prove the County failed to follow the rules when it eliminated our local wetland protection.

The Judge determined that the County's original approval would not be considered at a new hearing and would have exposed me to astronomical cost if the County prevailed.

Here are the Judges words which should alarm all of us:

“Whether the Petition was justified is irrelevant to an award pursuant to a prevailing party attorney’s fees provision. … Petitioner’s concern, for example, that a commissioner misrepresented that the wetlands policies, which were removed by the plan amendment, constituted an unconstitutional taking of private property, is not an issue relevant to the final hearing. …Whether an individual commissioner misrepresented facts, or relied on mistaken facts, in explaining his or her vote for the subject plan amendment, is irrelevant to the sole issue in this case: whether the subject plan amendment is “in compliance” with the Community Planning Act, as that term is defined in section [phone redacted](1)(b), Florida Statues."

Thank you for your consideration of a donation.

Joe McClash

Donations to help with pay for the County’s legal fees can also be mailed to:

Joe McClash

405 26th Avenue West

Bradenton FL 34205