Florida City Can Deny Water Service to CCA Site Outside its Boundaries
Florida City Can Deny Water Service to CCA Site Outside its Boundaries
Florida’s Seventeenth Judicial Circuit Court held that the City of Pembroke Pines has no duty to provide water and sewage services to a site owned by Correctional Corporation of America (CCA).
CCA bought the site, which is located in the town of Southwest Ranches, in 1998. It planned to build a 750-bed women’s jail for Broward County, but the county withdrew its plans. Since, CCA has tried to build an Immigration and Customs Enforcement (ICE) facility on the site.
CCA filed a lawsuit in 2012 claiming Pembroke Pines has a duty to provide service to the site. A federal judge set the case aside. Pembroke Pines then filed suit in state court to clarify its obligation. A trial was held, and Judge Carol-Lisa Phillps issued a ruling.
Her order found no contract existed, and the city charter required the city commission to approve service to the sites outside city boundaries. CCA expected to receive service through a stub on city property, but the facility itself would be outside the boundaries. With no approval by the commission, CCA was not entitled to service.
“I am pleased with the decision; I always knew we were on solid legal ground,” said Pembroke Pines Vice Mayor Jay Schwartz. “This was a clear-cut case.”
A lawsuit for breach of contract filed by Southwest Ranches against Pembroke Pines is still pending. The court specified its ruling had no bearing on that matter. See: City of Pembroke Pines v. Corrections Corp of America, Inc., 17th Judicial Circuit Court, Case no. CACE12007337.
Additional source: Sun-Sentinel.com
Related legal case
City of Pembroke Pines v. Corrections Corp of America, Inc.
| Year | 2014 |
|---|---|
| Cite | 17th Judicial Circuit Court, Case no. CACE12007337 |
| Level | State |
| Conclusion | Bench Verdict |