Are there any lawyers willing to speculate?

[SuzErwin]

Hey now! Wasn’t the intent Disney was supposed to end up on equal footing as the other theme parks?

https://twitter.com/x/status/1648020293573640194

The grounds for a First Amendment lawsuit are growing stronger and stronger...

 

[mdmost]

Honestly, I think DeSantis wants Disney to sue him so he has something else to play off of.

 

[The Foolish Mortal]

People make mistakes. See, e.g. Strange World box office results.

True. Could have been a missed step. But I agree, the Federalist isn't a reliable news source. They have a point of view they promote above all else.

I've said a couple times in these threads that we do not have enough information to state definitively which side is legally correct in this battle. Legal questions often turn on specific facts and we do not have all the facts. But one unnamed source form a Federalist freelance writer with an agenda isn't enough to sway me whatsoever (also, the writer mis-states at least one fact, which is not encouraging when trying to decide if it is reputable). I will also put it this way. In my career as an attorney, if there is something I want for a client and I have a slam dunk way of getting it, then I jump on that quickly. If the Board really did skip a notice step that is legally mandated, the State would already be in court requesting a TRO on the agreement. DeSantis and his people for a couple weeks now have been decrying in the most general way possible that the contract between the board and Disney is defective (said it again today). If its defective, you go to Court and have a judge declare as much. As an attorney, its revealing to me that they haven't gone to Court yet

 

[The Foolish Mortal]

Honestly, I think DeSantis wants Disney to sue him so he has something else to play off of.

Absolutely. I think that is part of the reason Disney has said very little on this subject since the beginning. It only adds fuel to the fire.

Right now, though, Disney is in the driver's seat and doesn't need to go tor Court. At present, the Board will have to sue to try and invalidate the prior agreement. Now, that may change if Florida passes new regulations that Disney finds intolerable and believes it is in retaliation for this whole fiasco. But they are not to that stage yet

 

[Obi-J Kenobi]

that is not a legal, procedural mistake made by people whose jobs are expressly to adhere to legal procedures

People make legal and procedural mistakes. See, e.g. Gospel/Bible.

 

[SuzErwin]

Here we go again:

https://twitter.com/x/status/1648016187559649318

In addition, DeSantis can't just put a prison or theme park on land next to Reedy Creek (Disney owns the Reedy Creek land, after all). Those would still has to go through the same local, county, state and federal regulations and approvals as anyone else, and I'm betting the counties of Osceola and Orange, as well as the nearby municipalities and the local tax payers, would have a LOT to say about those additions. In addition, much of the unincorporated land of Reedy Creek has been set aside for conservation; Reedy Creek is part of the Everglades watershed and an important part of Florida's ecology (and RCID/Disney have won praise from the state and the federal government for their attention to and innovations in conservation) so he's just issuing blustering threats that are pretty transparent and toothless.

Here's an (older) article from the Audobon society on how Disney manages the watershed: https://fl.audubon.org/news/water-management-disney-world-behind-scenes-look

 

[SuzErwin]

People make legal and procedural mistakes. See, e.g. Gospel/Bible.

Pretty sure those writers weren't employed by Disney to be extremely knowledgable about Florida and US law.

 

[Aluminum Falcon]

In addition, DeSantis can't just put a prison or theme park on land next to Reedy Creek (Disney owns the Reedy Creek land, after all). Those would still has to go through the same local, county, state and federal regulations and approvals as anyone else, and I'm betting the counties of Osceola and Orange, as well as the nearby municipalities and the local tax payers, would have a LOT to say about those additions. In addition, much of the unincorporated land of Reedy Creek has been set aside for conservation; Reedy Creek is part of the Everglades watershed and an important part of Florida's ecology (and RCID/Disney have won praise from the state and the federal government for their attention to and innovations in conservation) so he's just issuing blustering threats that are pretty transparent and toothless.

Here's an (older) article from the Audobon society on how Disney manages the watershed: https://fl.audubon.org/news/water-management-disney-world-behind-scenes-look

I think it's all just posturing by Desantis at this point, my guess if that he wants to look like he's putting up a fight, let it die down, and then turn everyone's attention to a run for higher office. His rhetoric seems to me like it would be problematic in court if Disney decided to sue, but what do i know

 

[Mr. Drauer]

In addition, DeSantis can't just put a prison or theme park on land next to Reedy Creek (Disney owns the Reedy Creek land, after all). Those would still has to go through the same local, county, state and federal regulations and approvals as anyone else, and I'm betting the counties of Osceola and Orange, as well as the nearby municipalities and the local tax payers, would have a LOT to say about those additions. In addition, much of the unincorporated land of Reedy Creek has been set aside for conservation; Reedy Creek is part of the Everglades watershed and an important part of Florida's ecology (and RCID/Disney have won praise from the state and the federal government for their attention to and innovations in conservation) so he's just issuing blustering threats that are pretty transparent and toothless.

Here's an (older) article from the Audobon society on how Disney manages the watershed: https://fl.audubon.org/news/water-management-disney-world-behind-scenes-look

The counties and local/adjacent municipalities have no say in how the land is developed - that is the entire basis of why RCID was instituted - no other local / or municpal gov't was equipped to handle the planned infrastructure so a special District was created. Disney has also already set aside the mitigation to develop all of the land within the boundary of RCID suitable under both the South Florida Water Management District Master Permit and US Army Corps of Engineers 404b Master Permit so conservation is now a moot point - it's done. This is why they can continue to build new resorts, roadways, or any other type of facility within their property on land that may contain wetlands and other surface waters. All they do is make a modification to each permit, and provide all the necessary engineering to support the additonal stormwater requirements. The additional lands they have been buying up south and east of I-4 adjacent to Reedy Creek (the actual creek) is to ensure that no future development will impact that body of water and its wetland buffers (with the exception of the two new toll roads that are planned).

 

[SealedSeven]

I think it's all just posturing by Desantis at this point, my guess if that he wants to look like he's putting up a fight, let it die down, and then turn everyone's attention to a run for higher office. His rhetoric seems to me like it would be problematic in court if Disney decided to sue, but what do i know

If that's the play, he's doing a very terrible job at it. These moves are essentially giving Disney all the ammunition for that court battle.

 

[SuzErwin]

The counties and local/adjacent municipalities have no say in how the land is developed - that is the entire basis of why RCID was instituted - no other local / or municpal gov't was equipped to handle the planned infrastructure so a special District was created. Disney has also already set aside the mitigation to develop all of the land within the boundary of RCID suitable under both the South Florida Water Management District Master Permit and US Army Corps of Engineers 404b Master Permit so conservation is now a moot point - it's done. This is why they can continue to build new resorts, roadways, or any other type of facility within their property on land that may contain wetlands and other surface waters. All they do is make a modification to each permit, and provide all the necessary engineering to support the additonal stormwater requirements. The additional lands they have been buying up south and east of I-4 adjacent to Reedy Creek (the actual creek) is to ensure that no future development will impact that body of water and its wetland buffers (with the exception of the two new toll roads that are planned).

Agree with everything you said. I read it as DeSantis looking at land next to Reedy Creek, but that might have been my misinterpretation. Never read in a hurry or when annoyed!

 

[Aluminum Falcon]

If that's the play, he's doing a very terrible job at it. These moves are essentially giving Disney all the ammunition for that court battle.

I agree, which is why i think it's posturing. He seems to be trying to win in the court of public opinion especially with his base.

 

[bcla]

https://thefederalist.com/2023/04/1...esantis-oversight-is-legally-void-per-source/

TWDC may have missed step in the process of transferring powers.

Consider the source. Just sayin'. I saw that too, and it's extremely light on details. The only thing they claim is that there has to be two notices in a large circulation newspaper (i.e. Orlando Sentinel) and that affected property owners need to be notified by mail about the meetings. It would surprise me if that didn't happen. There's a single property owner, and they absolutely knew about this meeting. Even if they somehow didn't mail a notice of the meeting (I get those when my local zoning board is looking at proposed construction) there still needs to be standing to sue, and in this case the only company with standing would be Disney since they're the sole property owner. A board that didn't exist at the time doesn't have standing. The Governor doesn't have standing.

 

[GoingSince1990]

Threatening to retaliate by building a prison next to Disney World? Now he's just starting to look unhinged. If he wants to be president, maybe he should start focusing on actual important issues as opposed to seething vindictiveness against a corporation that brings pleasure to millions of ordinary Americans.

 

[MinnieMSue]

He just keeps saying he is right and Disney is wrong and he keeps saying he is going to do whatever threats he wants and people believe him. He may never follow through on any of it even if he could but it doesn’t matter because people will believe he did anyway as it eventually drops off the radar. We keep seeing this type of behavior in politics all the time.

 

[bcla]

In addition, DeSantis can't just put a prison or theme park on land next to Reedy Creek (Disney owns the Reedy Creek land, after all). Those would still has to go through the same local, county, state and federal regulations and approvals as anyone else, and I'm betting the counties of Osceola and Orange, as well as the nearby municipalities and the local tax payers, would have a LOT to say about those additions. In addition, much of the unincorporated land of Reedy Creek has been set aside for conservation; Reedy Creek is part of the Everglades watershed and an important part of Florida's ecology (and RCID/Disney have won praise from the state and the federal government for their attention to and innovations in conservation) so he's just issuing blustering threats that are pretty transparent and toothless.

Here's an (older) article from the Audobon society on how Disney manages the watershed: https://fl.audubon.org/news/water-management-disney-world-behind-scenes-look

Some of the land was ceded to RCID, like for the roads, fire station, and district headquarters, so I suppose that might be a possibility for development. But it can't be much. But it would be stupid and really transparent that such a move was to punish Disney.

 

[bcla]

He just keeps saying he is right and Disney is wrong and he keeps saying he is going to do whatever threats he wants and people believe him. He may never follow through on any of it even if he could but it doesn’t matter because people will believe he did anyway as it eventually drops off the radar. We keep seeing this type of behavior in politics all the time.

I didn't think he'd follow through on the threat to dissolve RCID but he did it. This seems to be intensely personal for the Governor. Bob Iger has been pretty gracious in saying that he hopes that cooler head prevail.

 

[Mr. Drauer]

Consider the source. Just sayin'. I saw that too, and it's extremely light on details. The only thing they claim is that there has to be two notices in a large circulation newspaper (i.e. Orlando Sentinel) and that affected property owners need to be notified by mail about the meetings. It would surprise me if that didn't happen. There's a single property owner, and they absolutely knew about this meeting. Even if they somehow didn't mail a notice of the meeting (I get those when my local zoning board is looking at proposed construction) there still needs to be standing to sue, and in this case the only company with standing would be Disney since they're the sole property owner. A board that didn't exist at the time doesn't have standing. The Governor doesn't have standing.

That is not how it works in Florida - adjacent property owners would mean any property owner within 1000' feet of the proposed entity meaning that any owner of property outside of RCID within that footprint would have to be notified by certified mail. This is part of the open business that the Sunshine Act set forth. Anyone can bring forth a suit under Florida Section 120 and an Adminstrative Judge would determine if the party has standing.

 

[kelleybean]

So angry that my taxes are paying for lawyers litigating this nonsense. If I’m dipping too much into politics with this question I apologize - hasn’t Disney supported republicans in the past? Have they officially cut off those donations over this feud with the governor?

 

[Obi-J Kenobi]

Consider the source. Just sayin'. I saw that too, and it's extremely light on details. The only thing they claim is that there has to be two notices in a large circulation newspaper (i.e. Orlando Sentinel) and that affected property owners need to be notified by mail about the meetings. It would surprise me if that didn't happen. There's a single property owner, and they absolutely knew about this meeting. Even if they somehow didn't mail a notice of the meeting (I get those when my local zoning board is looking at proposed construction) there still needs to be standing to sue, and in this case the only company with standing would be Disney since they're the sole property owner. A board that didn't exist at the time doesn't have standing. The Governor doesn't have standing.

People make mistakes. See, e.g. Bob Chapek.