IN THE COUNTY COURT OF THE SIXTH JUDICIAL CIRCUIT OF THE STATE OF

FLORIDA, IN AND FOR PASCO COUNTY, FLORIDA

PASCO COUNTY, A POLITICAL

SUBDIVISIONOF THE STATE OF FLORIDA,
PLAINTIFF,

V. CASENO.3.QSO.CC-00~~1^/'^
MEADOW POINTE II COMMUNITY DEVELOPMENT DISTRICT,

DEFENDANT.

ORDER GRANTING TEMPORARY INJUNCTION WITHOUT NOTICE

Plaintiff, PASCO COUNTY, FLORIDA, a political subdivision of the State of Florida, by

and through its undersigned attorney, sues MEADOW POINTE II COMMUNITY
DEVELOPMENT DISTRICT (hereafter "defendant"), and alleges:

FINDINGS OF FACT/CONCLUSIONS OF LAW

l. This is an action for temporary injunctive relief relating to violations of the

county's ordinances.

2. The county's complaint came to be heard by this Court pursuant to Fla. R. Civ. P.
1. 610(a)(a), before the adverse party could be heard in opposition. The Court
finds that the specific facts necessary for issuance of this injunction have been
shown by affidavit; that immediate and irreparable injury, loss, and/or damage
will result to the movant (Pasco County on behalf of motorists using Mansfield
Boulevard in unincorporated Pasco County); and that the movant's attorney has
certified in writing that efforts have been made to give notice to opposing party's
counsel and such efforts have shown that notice to the opposing party would be
futile and the opposing party is unable or unwilling to agree to voluntarily
undertake the actions requested in the injunction and the public safety danger is
immediate.

3. This Court has subject matter jurisdiction pursuant to Fla. Stat. § 34. 01(1)(b) and
34. 01(4).

4. Plaintiff is a political subdivision of the State of Florida, has an interest in the

health, safety and welfare of the public, is empowered to adopt ordinances
necessary for the exercise of its powers, and is responsible for administering and
enforcing its regulations concerning the health, safety, and welfare of its citizens.

Page 1 of 3
 5. Defendant is a governmental entity that may be served such injunction through
its Chairman of its elected board of supervisors, Michael Cline at
29707 Allegro Drive, Wesley Chapel, FL 33543.

6. Defendant has engaged in construction at the following location in violation of the

county's regulations: a portion of parcel No. 33-26-20-0040-OOOOO-OOAO on
Wrencrest Drive (hereafter "the Property").

7. The Property is within the unincorporated area of Pasco County.

s. The Defendant has constructed and erected an "arm-type" barrier on the

Property.

9. The Defendant did not obtain necessary permits or approvals of any kind from
Pasco County prior to installation of the arm-type barrier.

10. The arm-type barrier, employed by the Defendant in conjunction with the gate
onto the Property, is causing dangerous traffic back-ups along Mansfield
Boulevard.

11.Section 1-6(f) of the PCC provides that "the owner, tenant, or occupant of any
land or structure ... and ... any agent, or other person who participates in, assists,
directs, creates, or maintains any situation that is contrary to the requirements of
any county ordinance may be held responsible for the violation."

12. Pasco County has technical requirements and permitting requirements for the
erection of structures on property. These regulations include:
a) Permits are required for the erection or construction of any structure. See
Sec. 18-33(a) Pasco County Code of Ordinances (PCC);
b) Adoption of technical building codes, including the Florida Building Code
and the National Electric Code. See Sees. 18-114 to 18-120 PCC;
c) Adoption of technical fire codes, including the Life Safety Code and the
Florida Fire Prevention Codes. See Sees. 46-1 PCC;

13. Pasco County has enacted land development regulations that ensure the orderly
and safe movement of cars on roads. These regulations include:
a) Continuation of existing street patterns and street access to adjoin
property; See sec. 906. 6. D. 11 Pasco County Land Development Code
(LDC)
b) Development of any property, including the carrying out of any building
activity, requires approval by the county; See sec. 403. 1. H;

Page2 of 3
After consideration of the sworn affidavits and evidence accompanying the complaint for
temporary injunction, IT IS ADJUDGED that Plaintiff, PASCO COUNTY is entitled to a
temporary injunction against Defendant MEADOW POINTE II COMMUNITY
DEVELOPMENT DISTRICT.

IT IS ORDEREDthat the Defendantshall immediately:

a) Raise the arm-type barriers on the Property and leave them in an upright
position unless and until permission is obtained from County Building
Official, Fire Marshal, and site development personnel to employ them.

b) If Defendant refuses to raise the arm-type barrier and keep it raised until
the provisions above are completed (or unless and until this Court
dissolves this temporary injunction) Plaintiff is empowered to disconnect
the electrical connection or otherwise take necessary action to disable use
of the arm-type barrier by the Defendant.

This ORDER shall be binding on the Defendant, its agents, agents, servants,

employees, persons acting in active concert with it, and any other person who receives

actual notice of this order. The Pasco Sheriffs Office shall also be empowered to

enforce this Order on the County's behalf.

The Court reserves jurisdiction to enforce the terms of this temporary injunctive

order and to hear and decide the other claims, including a claim for permanent

injunctive relief, by Plaintiff in this case at a hearing to be scheduled on another date.

The Court will hear any motion to dissolve or modify this order within 5 days of

application for hearing on any such motion filed.

DONE and ORDERED at Dade City, Florida, on February 21, 20yEB 21 202Q
s/WILLIAMG. SESTAK
Judge William q, Sestak
County Judge*

Copies furnished to:

Kristi Sims, Esq., Attorney for plaintiff

Page 3 of 3