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IN THE CIRCUIT COURT, SEVENTH JUDICIAL CIRCUIT, IN AND FOR FLAGLER COUNTY, FLORIDA
Case No.: 2023-CA-0345
Division: 49
THE LANDINGS COMMUNITY
DEVELOPMENT DISTRICT, a local unit of special-purpose government
organized and existing under the
laws of the State of Florida,
Plaintiff, v.
THE STATE OF FLORIDA, AND THE TAXPAYERS, PROPERTY OWNERS AND CITIZENS OF THE LANDINGS COMMUNITY DEVELOPMENT DISTRICT, INCLUDING
NON-RESIDENTS OWNING PROPERTY OR SUBJECT TO TAXATION THEREIN, AND
OTHERS HAVING OR CLAIMING ANY RIGHTS, TITLE OR INTEREST IN PROPERTY TO BE AFFECTED BY THE ISSUANCE OF THE BONDS AND LEVY OF ASSESSMENTS HEREIN DESCRIBED, OR TO BE AFFECTED IN ANY WAY THEREBY,
Defendants.
TO: The State of Florida and the several taxpayers, property owners and citizens of The Landings Community Development District, including non-residents owning property or subject to taxation therein, and others having or claiming any rights, title or interest in property to be affected by the issuance of not to exceed $37,365,000 aggregate principal amount of The Landings Community Development District (Flagler County, Florida) Special Assessment Revenue Bonds, or to be affected in any way thereby;
The above cause comes to be heard upon the Amended Complaint filed herein by The Landings Community Development District (“District”) in the County of Flagler and State of Florida, seeking to determine the authority of said District to issue The Landings Community Development District (Flagler County, Florida) Special Assessment Revenue Bonds, in an aggregate principal amount not to exceed $36,365,000 (the “Bonds”), to determine the legality of the proceedings had and taken in connection therewith, and the legality of the provisions, covenants and agreements therein contained, and seeking a judgment of this Court that: (a) the District has power to issue the Bonds and to incur the bonded debt as set forth in the Amended Complaint and has properly approved the issuance of the Bonds; (b) the proceedings essential to the Bonds, the Pledged Revenues (as defined in the Amended Complaint), including, without limitation, the Special Assessments pledged for the payment of the principal thereof, redemption premium, if any, and interest thereon, and the Bond Resolution (as defined in the Amended Complaint) are valid and in conformity with law; (c) upon due issuance of the Bonds in conformance with the Bond Resolution and the Trust Indenture (as defined in the Amended Complaint), the Bonds will constitute valid and binding obligations of the District and will be enforceable by their terms as established by the Bond Resolution and the Trust Indenture; and (d) this Court grant such other relief as is just and appropriate. The aforesaid Amended Complaint having been presented to this Court, and this Court being fully advised in the premises:
IT IS ORDERED AND ADJUDGED that the State of Florida, through the State Attorney of the Seventh Judicial Circuit, in and for Flagler County, Florida, and the several taxpayers, property owners and citizens of The Landings Community Development District, including non-residents owning property or subject to taxation therein, and others having or claiming any rights, title or interest in property to be affected by the issuance of the Bonds or to be affected thereby, be and they are each required to show cause if any there be, before the Honorable Christopher A. France, Circuit Court Judge, on the 3rd day of August 2023 at 2:00 P.M. at the Flagler County Courthouse, 1769 E. Moody Blvd., Building 1, Bunnell, Florida 32110, why said Amended Complaint should not be granted and a final judgment entered by this Court as prayed for in said Amended Complaint.
AND IT IS FURTHER ORDERED AND ADJUDGED, that the Clerk of this Court be and he is hereby required to give notice of such hearing by publishing a copy of this Order in The Palm Coast Observer, a newspaper of general circulation of Flagler County, Florida, once each week for two (2) consecutive weeks prior to said 3rd day of August 2023, the first publication to be at least twenty (20) days prior to said date.
AND IT IS FURTHER ORDERED AND ADJUDGED, that by such publication of this Order, the State of Florida, and the several taxpayers, property owners and citizens of The Landings Development District, including non-residents owning property or subject to taxation therein, and others having or claiming any rights, title or interest in The Landings Community Development District, or the taxable property therein, shall be and are made party defendants to this proceeding, and that this Court shall have jurisdiction of them to the same extent as if specifically and personally named as defendants in said Amended Complaint and personally served with process in this cause.
DONE AND ORDERED in Chambers at Bunnell, Flagler County, Florida, this day of, 2023.
5/17/2023 12:24 PM 2023 CA 000345
(SEAL) CHRISTOPHER A. FRANCE
CIRCUIT COURT JUDGE
e-Signed 5/17/2023 12:24 PM
2023 CA 000345
Vincent L. Sullivan, Esq.
Chiumento Law
145 City Place, Suite 301
Palm Coast, Florida 32164
District Counsel
May 25; June 1, 2023 23-00072G