James Uthmeier sides with the Church of Scientology in land dispute

Florida Attorney General James Uthmeier has responded to questions from Clearwater City Council member David Allbritton seeking clarification over who owns land under a portions of South Garden Avenue in downtown Clearwater and whether the Church of Scientology can petition to vacate the right-of-way without paying fair market value for it. 

The letter fully sides with the Church, finding that the Church owns the land because it was dedicated to the city of Clearwater through common law dedication and, because the Church owns the abutting land, it retained the title to land under Garden Avenue. Additionally, the letter notes the Church can petition to vacate the right-of-way without paying full market value. 

Uthmeier’s interpretation is based on a number of citations, including legal precedent in Lehman v. Cocoanut Bayou Ass’n. Inc.; Robbins v. White; Roe v. Kendrick; City of Palmetto v. Katsch; and Pelican Creek Homeowners v. Pulverenti.

“Given that the Church possesses full title to the land underlying Garden Avenue, it necessarily follows that the Church may petition to vacate that same section of Garden Avenue without paying fair market value for it,” Uthmeier concluded in the letter. “As a previous Attorney General Opinion explained, ‘a municipality possesses neither statutory nor constitutional authority to exact payment for or otherwise interfere with the property rights of landowners whose property abuts a public street as conditions to or in exchange for the exercise of its power to vacate streets no longer required for public use.’”

This is not the first time Uthmeier has sided with the Church of Scientology in the Clearwater land dispute. 

In a letter to Clearwater Mayor Bruce Rector in June, Uthmeier cautioned that any decisions made based on discriminatory reasons would violate Florida law, as would mandates that a land deal be tied to alternative properties also owned by the Church of Scientology.

At issue is a now defunct proposal for the city to sell a portion of South Garden Avenue to the Church of Scientology for $1.375 million with the intent of closing that portion of the street. The church owns adjacent property and wants to build an auditorium and park. The church sought to shut down that area of the street because leaders say it’s not safe to have vehicle traffic between the two projects.

Uthmeier took issue with comments during a meeting in May in which Rector pushed back on the proposal, noting that he “characterized the larger discussion as a divide between ‘our citizens’ and the religious institution petitioning for vacation of the plat,” and made another comment that he was opposed to the Church acquiring more land.  In the letter, Uthmeier reminded Rector “that a government entity’s discrimination based on religion is unconstitutional.”

The Church has since withdrawn its petition for the portion of Garden Avenue, but Uthmeier’s letter  in June indicated the Church “has apparently announced its intent to refile.”

Uthmeier’s latest letter to the city of Clearwater was addressed to Allbritton and in direct response to his questions, sent to Uthmeier’s office. 

In his Opinion, Uthmeier took issue with Rector’s recent criticism of the Attorney General, pointing out Allbritton “is perfectly entitled to a legal opinion in writing.”  Uthmeier further told Allbritton “your mayor has made disparaging (and nonsensical) remarks at public meetings about the integrity of this office and its opinions practice.”  He concluded that Rector, “should take care not to allow his private prejudices to color the character of every other government actor with whom he disagrees.” 

Officials at the city received the opinion letter on Monday afternoon, as City Council members were meeting for a work session. Rector said during the meeting that he had not yet had time to review the opinion, but wanted to address Allbritton’s reasoning for requesting it in the first place, arguing “it’s in the best interest, obviously, of the citizens of Clearwater that it be determined that the city owns the property.” Rector went on to argue that city attorneys and other legal staff should be tasked with the inquiry and questioned why Allbritton would have taken the matter to the Attorney General.

Allbritton defended his request, noting that he needed more information before being able to make a decision on the land vacation, should it come before City Council again at another date. 

 He also said he had not yet viewed the Attorney General’s letter, since it came during city business at the work session, but said he disagrees with city legal staff that the city owns the land. He pointed to numerous other land vacations the city has approved — many for other churches — and questioned why the ownership structure in this instance was different.

“They want to build this auditorium and as far as I understand, they own both sides of the road,” Allbritton said.  

If I’m going to be asked to decide” on the Garden Avenue vacation, “I need to know the facts,” Allbritton said. 

Despite not having read the Attorney General Opinion, Rector placed the issue on City Council’s meeting agenda Thursday to further discuss Allbritton’s questions posed to the Attorney General and Uthmeier’s response. He’s scheduling the matter despite opposition from Council members Mike Mannino and Ryan Cotton, who argued Allbritton had thoroughly explained his rationale for making the inquiry, and from Allbritton himself, who said he would not have any further explanation if asked about it again.