Lawsuit ‘back to square 1’

Plaintiffs must serve legal papers again

The plaintiffs behind a lawsuit forcing Delray Beach to hold a special election will have a second opportunity to notify officials, a judge ruled Friday.

Circuit Judge Jeffrey Gillen issued an order setting the lawsuit “back to Square One,” giving the plaintiff, J. Reeve Bright, another chance to serve city of Delray with legal documents.

Bright was one of two residents to file a lawsuit against Delray after four city commissioners failed to agree on an interim candidate to fill a vacancy on the commission.

Delray’s charter, which defines the city’s procedures, requires the city to hold a special election after two months if the commissioner can’t agree on a candidate after two meetings.

The city’s four commissioners were still split 2-2 in their votes after a second meeting in early December.

In court, Delray city attorneys argued Bright did not have the authority to personally hand court documents to defendants to notify them. Bright said he had followed the judge’s orders verbatim.

Once the city is notified, the judge will set a hearing in the near future for both parties to argue whether the city should have to follow its own rules and hold a special election to fill an empty seat on the commission, said City Attorney R. Max Lohman.

“This was exactly what was supposed to happen in that he was being required by the court to serve process properly,” Lohman said. “While I understand that Mr. Bright thinks he represents all of the residents of Delray Beach, he doesn’t have standing to represent the residents of Delray Beach, that’s actually part of our job.”

Bright, a former attorney permanently disbarred by the Florida Supreme Court in 2013, filed the lawsuit because he wants the city to abide by its charter, he said.

“I’m pleased that the judge came in and took time off from his vacation to help 45,000 disenfranchised Delray voters,” Bright said.

Mayor Cary Glickstein has said it’s not possible to hold an election in 60 days and impractical to do it a month before March elections for the same seat.

Lohman has said holding a special election would cost the city $75,000 and confuse voters as campaigns for an interim candidate would coincide with those for new candidates.