A Boca Raton woman, concerned about a development plan near her neighborhood, is suing the city. In her lawsuit, she argues that a government-campus redevelopment plan must be halted because the city hasn’t yet completed an important analysis, required by law, that would shed light on whether the proposal is in the public interest.
But the city, named as the defendant, says it is complying with state law and the lawsuit should be dismissed for various reasons, including that “the time for the city to perform the analysis has not yet expired,” records show.
The lawsuit — which was filed in August by resident Lorraine Blank — remains listed as an open case with a hearing scheduled for next month.
Blank told the South Florida Sun Sentinel she “decided to do this because I feel strongly that the analysis is necessary and that the statute said to do it.”
Considering redevelopment
The Boca Raton City Council entered into a public-private partnership with development firms Terra and Frisbie Groups earlier this year.
At the time, the project included more than 1,100 apartments, 250,000 square feet of office space, a hotel and nearly 85,000 square feet of retail on about 31 acres at the intersection between West Palmetto Park Road and Dixie Highway.
Terra and Frisbie’s project, called One Boca, has since undergone revisions amid a public outcry.
Most recently, the developers again adjusted the plan, now proposing 769 residences, 186 condominiums, a 150,000-square-foot office building and a hotel on less than 8 acres near the Brightline station. And Memorial Park would anchor the area west of Northwest Second Avenue.
Raising concern
Blank, who has lived in Boca Raton for three years, said she has a Ph.D. in policy analysis from American University in Washington D.C. as well as more than 30 years of experience consulting to international development agencies. She said she believes in data-driven development and decisions.
In her lawsuit, she cites how an independent analysis is required of any proposed public-private partnerships, per a state statute. It’s meant to determine cost effectiveness and overall public benefit “before the procurement process is initiated or before the contract is awarded.”
A “robust” analysis would “assess whether the project is truly cost effective and achieves a predominantly public purpose,” according to the lawsuit. Blank argues the project “will cause increased air, noise and light pollution, as well as increased traffic,” all of which could affect her because she lives near and walks on the site.
Blank states “she will be directly and adversely affected in a manner distinct from the general public.”
She told the Sun Sentinel her goal is to ensure the rules are followed, regarding the government campus redevelopment project. Blank said she is making a statement about what she believes is the city’s failure to follow the process.
“I am not arguing about the policy, I am arguing about the procedure,” she said.
City’s response
In a statement to the Sun Sentinel, the city says the lawsuit incorrectly claims a failure to complete the required independent cost-effectiveness analysis.
“That statute expressly contemplates that the independent analysis will be completed before a final, binding contract is executed, and the city is following that process exactly as the law intends,” the city wrote in a statement.
The city engaged independent financial adviser, PFM Group Consulting, to perform the analysis required under Florida’s public-private partnership law.
PFM’s report is in a “draft form” only because the city and the One Boca team “paused to revise the plans in direct response to community feedback — eliminating all private development west of Second Avenue within Memorial Park and, by its very nature, requiring a different analysis to reflect those substantial project changes.”
Attorneys for the city filed a motion to dismiss the lawsuit, arguing that Blank’s claim “is not ripe,” according to court records.
“The time for the city to perform the analysis has not yet expired,” attorneys state in the motion to dismiss. Blank’s lawsuit “rests on a hypothetical future violation.”
In response, Blank filed a motion to advance, where she requested the court set an expedited hearing and consider her motion and the city’s motion to dismiss.
A hearing was scheduled for Dec. 12, where a judge will consider both motions.
