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Hersh v. Browning: Property Tax Proposal Litigation
Hersh Files Cross Appeal Re: Home Rule
After the circuit court entered its order on September 24, striking SJR 4B from the ballot because the ballot language of the super homestead exemption was misleading and not clear and declaring that the millage roll back and cap of HB 1B was not unconstitutional, the State of Florida filed a notice of appeal on the ballot language matter. That notice of appeal was filed in the circuit court and has been received by the First District Court of Appeal. The state has not moved to expedite the matter and did not ask the court to pass through jurisdiction to the Supreme Court. Then, on Friday, October 5, 2007, Mayor Eric Hersh filed a cross appeal on the adverse trial court ruling on the constitutionality of HB 1B and asking the appellate courts to determine whether SJR 4B could be placed on a special election ballot, as the Legislature called for in HB 5B. At the same time, Mayor Hersh filed a Motion to Expedite the case with the First District Court of Appeal and also filed a suggestion that the district court should certify the case directly to the Supreme Court as the case raises issues of great public importance. The state has five days within which to respond to the suggestion. (Delegal: gdelegal@fl-counties.com).