Judge rules against referendums in dispute over Boca Raton government campus redevelopment

Ned Kimmelman, Business Lawyer at Boca Raton, FL
Ned Kimmelman, Business Lawyer at Boca Raton, FL
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A redevelopment plan for Boca Raton’s government campus has led to a heated debate over the use and management of public land. The project, known as One Boca, is a joint effort between developer Terra, led by David Martin, and the Frisbie Group, run by the Frisbie family.

Since Terra and Frisbie’s proposal was selected in February, opposition has grown among residents. A group called Save Boca, headed by Jonathan Pearlman, collected more than 7,000 signatures to secure a referendum aimed at amending the city charter and municipal code. These amendments would require voter approval before any public land larger than half an acre could be leased or sold. Supporters say this measure would protect public land; critics argue it could complicate essential city operations.

On Monday, Palm Beach County Judge Joseph Curley ruled that these referendums were unconstitutional. He cited legal precedent stating that electorates do not have the authority to subject city council actions to referendum.

Earlier in October, attorney Ned Kimmelman filed a lawsuit against Save Boca and Pearlman seeking an emergency injunction to stop the referendums. “Save Boca and Pearlman are conducting an audacious scheme to evade Florida law and abuse our electoral process in Palm Beach County and the City,” the suit stated.

Kimmelman withdrew his lawsuit shortly after filing but refiled it on October 31. The Rescue Boca Community Initiative then submitted an amicus brief supporting Kimmelman’s position. In their brief, Rescue Boca claimed that Save Boca accepted over $40,000 in donations before registering as a political committee.

Both sides have accused each other of spreading misinformation. During Tuesday’s city council meeting—where ballot language for a March referendum on One Boca was approved—these allegations continued. The upcoming referendum will focus only on approval of the One Boca project itself.

Pearlman said that despite Judge Curley granting an injunction, legal proceedings continue and Save Boca remains committed to pursuing changes to local regulations.

In response to community concerns, Terra and Frisbie have reduced the size of their proposed development from 15.4 acres to 7.6 acres.



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