WCOM NEWS

7-09-04

Miramar residents sue over new FPL substation

MIRAMAR--Residents who don't want to live near an electrical substation at Pembroke Road and Southwest 196th Avenue have filed four lawsuits against the city.

"We believe that the substation is illegal," said Edurne Rodriguez of Miramar, one of five people to file suit. "We believe it is violating the city's comprehensive plan and the land development code. That's why we filed suit."

The controversial Florida Power & Light substation was approved by commissioners in May, despite protests by residents concerned about health, safety and property value. Substations are in residential neighborhoods throughout the city.

FPL has been planning since 1999 to build the substation to accommodate growth west of Interstate 75. But under pressure from residents, commissioners in September 2003 rejected it. In November, FPL sued the city.

Fearing a long, costly court battle and unsightly overhead power lines along Miramar Parkway, the city's main corridor, city officials decided to reverse their earlier decision.

In response, four Miramar residents jointly filed two lawsuits in Broward County Circuit Court, and a Pembroke Pines resident filed two others.

The lawsuits claim the city is violating its comprehensive plan, its land development code and a rule that prohibits resubmittal of a site plan within one year of its denial.

The suits seek to have the city pick up the legal tab and vacate the development order.

The plaintiffs include Suzanne M. Driscoll of Pembroke Pines, who lives less than 1,000 feet from the property; as well as Miramar residents Edurne Rodriguez, Jose Rodriguez, Martin Spritzer and Angel Garcia, who live in neighboring communities.

Miramar City Attorney Jamie Cole said the city would not back down.

"The city is going to defend this decision made by the City Commission," he said.

(source) Sun Sentinel (Lori Sykes) 7-09-04