City hires Jacobs for impact fee case

May 22, 2014 9:22 a.m.

Arthur I. Jacobs, attorney for Jacobs Scholz and Associates.
File photo of Jacobs after receiving Florida Trust for Historic Preservation Award.

City Attorney Tammi Bach confirmed that local attorney Arthur I. (Buddy) Jacobs has been hired to provide legal counsel to the City of Fernandina Beach for the impact fee lawsuit. Jacobs will support the City's appeal now before the Supreme Court of Florida on that portion of the lawsuit dealing with bond validation.

According to Bach, she and City Manager Joe Gerrity made the decision to hire Jacobs "due to his extensive experience appearing before the Supreme Court of Florida."  Bach said the  $10,000 offered to Jacobs  is within the City Manager's expenditure limits and does not require formal approval by the commission. "At this time, we are not certain what his [Jacob's] role will be in the case," said Bach.

Jacobs has served as general counsel for the State Attorneys of Florida since 1971, and has represented the State Attorneys in the U.S. and State Supreme Court, District Courts of Appeal and the Florida Legislature. He also serves as the lobbyist for the City of Fernandina Beach.

On January 2, 2014, former Circuit Court Judge Brian Davis ruled that the City lacked the authority to issue $5,000,000 in refunded bonds secured by the water utility impact fees and that the impact fees do not comply with Florida Law.  A decision was made to appeal Davis' ruling to the Supreme Court of Florida on February 3.

The law firm of Rumberger, Kirk, and Caldwell, wrote on November of 2013 to the city auditor Purvis and Gray, that in a "worst case scenario" and "depending upon the Court's ruling," the City could lose "up to 3.6 million."

Click here for "The $5,000,000 Impact Fee Lawsuit - Day One, by legal analyst Adam Kaufman

Click here for "Impact Fees - A paper napkin calculation? by legal analyst Adam Kaufman"