Land donor sues after Audubon proposes sale
Conservation group says it has rights to preserve
An Audubon chapter wants an Orange County circuit judge to throw out a lawsuit filed by a land donor who sued the conservation group alleging that it plans to sell his property donation to a developer for $200,000 or more.
Lawyers for the Eustis-based Oklawaha Valley Audubon Society called the lawsuit by Kenneth Rubinson an “attempt at bullying, dictating, and controlling” in perpetuity the organization which holds the deed to his six-acre forest along Old Highway 441.
Rubinson, 76, said he sued because Audubon broke a promise to protect the untouched woods he explored as a boy.
Though the lawsuit was filed in March and Audubon lawyers filed a reply in April, Circuit Judge Kevin Weiss has not yet been able to hold a hearing on the dispute because of court protocols imposed to prevent the spread of the coronavirus pandemic.
A June hearing date was canceled and has not yet been rescheduled.
Rubinson, a chemistry researcher living in Maryland, said he donated the property in December 2007 so others could enjoy the small pine and oak sanctuary located in northwest Orange County across the road from St. Patrick Catholic Church campus near Mount Dora.
He chose the Eustis chapter of Audubon at the suggestion of Charles Lee, director of advocacy for Audubon Florida.
“Who knew,” Rubinson said. “Look at their bylaws. They say they’re about protecting birds, wildlife and natural lands.”
He said he wants to be allowed to choose a new protector.
Sheena Smith, a West Palm Beach attorney defending the independent Audubon chapter and