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Filing # 53612246 E-Filed 03/13/2017 08:42:21 AM

IN THE CIRCUIT COURT, FOURTH


JUDICIAL CIRCUIT IN AND FOR
NASSAU COUNTY, FLORIDA

DAVID ADAMS, individually, and as : CASE NO.


the Natural Parent and Guardian of His : DIVISION:
FEMALE MINOR CHILD AGE 10 :
Plaintiff, : COMPLAINT FOR
vs. : DECLARATORY
: and
DISTRICT SCHOOL BOARD OF NASSAU : INJUNCTIVE RELIEF
COUNTY; :
DR. KATHY BURNS, in her Official Capacity :
as Nassau County Superintendent of Schools; :
RAYONIER EAST NASSAU TIMBER :
PROPERTIES II, LLC, a Delaware limited :
liability company; :
and :
TERRAPOINTE, LLC, a Delaware limited :
liability company :
Defendants. :
_________________________________________/

Plaintiff, DAVID ADAMS, individually, and as the natural parent and guardian of his

FEMALE MINOR CHILD AGE 10 (Plaintiff's Child), sues Defendants, DISTRICT

SCHOOL BOARD OF NASSAU COUNTY (SCHOOL BOARD), DR. KATHY BURNS,

in her Official Capacity as Nassau County Superintendent of Schools, RAYONIER EAST

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NASSAU TIMBER PROPERTIES II, LLC, a Delaware limited liability company

(RAYONIER), and TERRAPOINTE, LLC, a Delaware limited liability company

(TERRAPOINTE), and states:

Introduction

1. This is an action seeking declaratory, injunctive, and other relief against Defendants

relating to the establishment by Defendants, pursuant to contractual agreement, of a de facto

private school known as WILDLIGHT ELEMENTARY SCHOOL. It is alleged, inter alia,

that the SCHOOL BOARD's agreement, as well as the construction and operation of that school

pursuant to that agreement, constitutes an unlawful and unconstitutional special gain and private

benefit for land developers Defendant RAYONIER and Defendant TERRAPOINTE (the real

estate arm of RAYONIER). This action seeks to have this Court declare null, void, and

unenforceable (on statutory, public policy, and constitutional grounds) the agreement and

contract between SCHOOL BOARD, RAYONIER, and TERRAPOINTE that was used to create

the special gain and private benefit

ALLEGATIONS COMMON TO ALL COUNTS

2. This Court has jurisdiction under sections 26.012 and 86.011, Florida Statutes, and Art. I,

Sections 2, 9, and 21, and Art. 5, Section 20(c)(3), of the Florida Constitution. Venue properly lies

in Nassau County as this action seeks to declare rights under an agreement between Defendants

which is to be performed in Nassau County, and seeks to enjoin actions of Defendants within

Nassau County with respect to that agreement.

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3. Plaintiff is a resident of Nassau County, a citizen and taxpayer of the State of Florida, and

the natural parent and guardian of Plaintiff's Child. Plaintiff's Child is a 10-year old female, a

resident of Nassau County, and an A student who attends the fourth grade at Yulee

Elementary, a public school in Nassau County.

4. Defendant SCHOOL BOARD is a Florida school district charged by the State of

Florida with providing free and appropriate public education for all education-age children in

Nassau County, Florida.

5. Defendant DR. KATHY BURNS, is the duly elected Superintendent of SCHOOL

BOARD.

6. Defendants RAYONIER and TERRAPOINTE are private developers seeking to develop

over 24,000 acres of timberland and wetlands In Nassau County into a commercial and

residential mixed use district housing approximately 46,000 new residents.

7. All conditions precedent to the filing of this action have occurred, have been

performed, or have been waived.

8. On April 24th, 2014, SCHOOL BOARD, TERRAPOINTE, and RAYONIER entered

into a DONATION AND DEVELOPMENT AGREEMENT (AGREEMENT) wherein

TERRAPOINTE and RAYONIER agreed to donate approximately 42 acres (Property)

to SCHOOL BOARD. SCHOOL BOARD agreed to construct and subsequently operate on

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the Property an elementary school to be known as WILDLIGHT ELEMENTARY SCHOOL.

A copy of the AGREEMENT is attached hereto and made a part hereof as EXHIBIT A.

9. Contrary to the implication and inclusion and use of the word DONATION in the

designation of the title of the AGREEMENT, RAYONIER and TERRAPOINTE each have

received, and will continue to receive, substantial tangible and intangible benefits and

consideration for their transfer of the Property to SCHOOL BOARD. Tangible benefits

include, but are not limited to, credits against future educational impact fees. Intangible

benefits include, but are not limited to, market branding of the name Wildlight1 as well as

the marketing of WILDLIGHT ELEMENTARY SCHOOL as an adjunct and amenity to

RAYONIER's and TERRAPOINTE's development.2

10. On July 9, 2014, the SCHOOL BOARD acquired the Property.

11. Contrary to the provisions of FS 1013.14(1)(b), SCHOOL BOARD did not obtain any

appraisals before the acquisition.

12. Under the AGREEMENT there is a reservation of student capacity for residential

development within the community to be known as WILDLIGHT. By that reservation, the

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Raydient Inc., a corporate subsidiary of RAYONIER filed to obtain a trademark for
Wildlight Elementary School in 2015 and has obtained, or is seeking to obtain, trademarks
for the use of the Wildlight name in conjunction with businesses involved with clothing, real
estate management, leasing and rental, real estate development, planning and construction, and
restaurant and bar services.
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According to Defendants RAYONIER and TERRAPOINTE, [a] key feature of the new town
will be Wildlight Elementary School. see www.wildlight.com Quick Facts
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SCHOOL BOARD has agreed that the residents of WILDLIGHT will have the right to attend

WILDLIGHT ELEMENTARY SCHOOL, whereas students residing outside WILDLIGHT

will not have that right.

13. It is anticipated by SCHOOL BOARD, RAYONIER, and TERRAPOINTE that

residential development within WILDLIGHT will generate sufficient numbers of students so that

the school will reach its capacity. As a result, WILDLIGHT ELEMENTARY SCHOOL (as

planned) will be exclusively populated by WILDLIGHT residents.

14. Plaintiff and Plaintiff's Child reside on the wrong side of the tracks outside the

geographical boundaries of WILDLIGHT.

15. SCHOOL BOARD generally maintains a policy of open enrollment, however, upon

information and belief, said policy will not apply to WILDLIGHT ELEMENTARY

SCHOOL.

16. Under the AGREEMENT, SCHOOL BOARD and TERRAPOINTE agree to

cooperate in developing enhanced learning programs for WILDLIGHT ELEMENTARY

SCHOOL ("Enhanced Learning Programs"), including Enhanced Learning Programs in

science, technology, and engineering so that the school will become a regional educational

benchmark. SCHOOL BOARD is required to implement and maintain the Enhanced

Learning Programs funded by TERRAPOINTE for so long as such funding continues.

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17. Under the AGREEMENT, the construction design and plan of WILDLIGHT

ELEMENTARY SCHOOL will be subject to the review and approval of Defendants

RAYONIER and TERRAPOINTE.

18. Under the AGREEMENT, SCHOOL BOARD is restricted and/or precluded from

utilizing WILDLIGHT ELEMENTARY SCHOOL property for traditional SCHOOL

BOARD purposes. Such restrictions include, but are not limited to, the use of the Property as a

parking lot for school buses.

19. Under the AGREEMENT, failure of the SCHOOL BOARD to comply with certain initial

and continuing obligations will result in the forfeiture of the property, and through a reverter

ownership of the property and all improvements thereon shall become the property of

Defendants RAYONIER and TERRAPOINTE.

20. Under the AGREEMENT, SCHOOL BOARD and TERRAPOINTE have agreed to

integrate WILDLIGHT ELEMENTARY SCHOOL into the ENCPA.3 That integration is a

de facto joinder by the SCHOOL BOARD in the ENCPA Mobility Fee Agreement and the

funding scheme set forth in Ordinance 2011-10 adopted by the Nassau County Board of

County Commissioners on June 24, 2014. The primary beneficiary of the ENCPA and the

ENCPA Mobility Fee Agreement is Defendant RAYONIER.

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The EAST NASSAU COUNTY PLANNING AREA ("ENCPA"), was established in the
Nassau County 2030 Comprehensive Plan adopted by the Nassau County Board of County
Commissioners in Ordinance 2011-04; and is subject to The East Nassau Community Planning
Area Proposed Transportation Improvements and Mobility Fee Agreement approved by the
Nassau County Board of Commissioners and dated June 24, 2013 (the "ENCPA Mobility Fee
Agreement").
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21. The ENCPA Mobility Fee Agreement, and SCHOOL BOARD's integration into the

ENCPA, will diminish ad valorem tax revenues that would have otherwise been payable to

SCHOOL BOARD but for the ENCPA Mobility Fee Agreement.

22. Under the AGREEMENT and upon information and belief, SCHOOL BOARD has

advanced (or will advance) SCHOOL BOARD funds to build a road as an entrance into

Defendant RAYONIER's property leading to its future corporate headquarters.4

23. Plaintiff has retained the services of the undersigned attorney and is obligated, in the

event Plaintiff's attorney fees are awarded from or otherwise are properly collectible from

any Defendant, to pay same to his undersigned attorney.

COUNT I DECLARATORY RELIEF


Impermissible Special Gain and Private Benefit

24. Plaintiff re-alleges and incorporates each of the allegations above as if fully set-forth

herein.

25. There is an actual controversy between the parties as to the legality and constitutionality

of the AGREEMENT.

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Although it is the intent of Defendants that SCHOOL BOARD will eventually recoup said
funds through the ENCPA Mobility Fee Agreement, no interest is payable and no timeline is
established for repayment.
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26. A declaratory judgment will serve a useful purpose in clarifying and settling legal

issues, and will afford relief from uncertainty, insecurity, and controversy.

27. Florida law prohibits the expenditure of public money for a private purpose. It is

irrelevant whether the money is derived by ad valorem taxes, by gift, or otherwise. Public

money cannot be appropriated for a private purpose or used for the purpose of acquiring

property for the benefit of a private concern.

28. The power and authority given to SCHOOL BOARD to provide for the education of

our children and to acquire, own, and hold property, carries with it the necessary limitation

that the same shall be for proper and lawful purposes, and that the benefits arising therefrom

shall be reserved for the public and not private sector developers.

29. The reservation of student capacity at WILDLIGHT ELEMENTARY SCHOOL for

the residential development within the community to be known as WILDLIGHT, as provided

for under the AGREEMENT, constitutes an impermissible private benefit to private sector

developers - Defendants RAYONIER and TERRAPOINTE.

30. The right of Defendant TERRAPOINTE to determine curricula at WILDLIGHT

ELEMENTARY SCHOOL through Enhanced Learning Programs, and to require

SCHOOL BOARD to implement and maintain same, as provided under the AGREEMENT,

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constitutes an impermissible private benefit to a private sector developer - Defendant

TERRAPOINTE.

31. The right of Defendants RAYONIER and TERRAPOINTE to determine the design

and construction plans of WILDLIGHT ELEMENTARY SCHOOL, and to require SCHOOL

BOARD to implement and adhere to same, as provided under the AGREEMENT, constitutes

an impermissible private benefit to private sector developers - Defendants RAYONIER and

TERRAPOINTE.

32. The right of Defendants RAYONIER and TERRAPOINTE to restrict the operations

of WILDLIGHT ELEMENTARY SCHOOL by precluding the use of the Property from

traditional SCHOOL BOARD purposes, as provided under the AGREEMENT, constitutes an

impermissible private benefit to private sector developers - Defendants RAYONIER and

TERRAPOINTE.

33. The advancement of SCHOOL BOARD funds for providing access to Defendant

RAYONIER's corporate headquarters constitutes an impermissible private benefit to

Defendant RAYONIER.

34. The private benefits conveyed under the AGREEMENT by Defendant SCHOOL

BOARD to Defendants RAYONIER and TERRAPOINTE are not so inextricably intertwined

with one another that the AGREEMENT can not be reformed and the legally repugnant

provisions stricken.

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WHEREFORE, Plaintiff demands judgment from this Court:

a) declaring that Defendant SCHOOL BOARD unlawfully conveyed private benefits to

Defendants RAYONIER and TERRAPOINTE and that the related provisions of the

AGREEMENT be stricken, deemed null and void, and shall otherwise be unenforceable

b) awarding Plaintiff his costs and filing fees and, if provided for by law, attorney fees; and

c) such further relief as this Court deems appropriate.

COUNT II DECLARATORY RELIEF


Improper Delegation of Constitutional and
Statutory Authority

35. Plaintiff re-alleges and incorporates each of the allegations above as if fully set-forth

herein.

36. There is an actual controversy between the parties as to the legality and constitutionality

of the AGREEMENT, and the delegation thereunder of powers and authority reserved by law.

37. A declaratory judgment will serve a useful purpose in clarifying and settling legal

issues, and will afford relief from uncertainty, insecurity, and controversy.

38. ARTICLE IX, Section 4 (b) of the Florida Constitution provides in part that The school

board shall operate, control and supervise all free public schools within the school district.

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39. Section 1001.32, Florida Statutes, provides that:

Management, control, operation, administration, and supervision.The district


school system must be managed, controlled, operated, administered, and supervised as
follows:
(1)DISTRICT SYSTEM.The district school system shall be considered as a part of
the state system of public education. All actions of district school officials shall be
consistent and in harmony with state laws and with rules and minimum standards of the
state board. District school officials, however, shall have the authority to provide
additional educational opportunities, as desired, which are authorized, but not required,
by law or by the district school board.
(2) DISTRICT SCHOOL BOARD.In accordance with the provisions of s. 4(b) of Art.
IX of the State Constitution, district school boards shall operate, control, and supervise all
free public schools in their respective districts and may exercise any power except as
expressly prohibited by the State Constitution or general law.
(3) DISTRICT SCHOOL SUPERINTENDENT.Responsibility for the administration
and management of the schools and for the supervision of instruction in the district shall
be vested in the district school superintendent as the secretary and executive officer of the
district school board, as provided by law.
(4) SCHOOL PRINCIPAL OR HEAD OF SCHOOL.Responsibility for the
administration of any school or schools at a given school center, for the supervision of
instruction therein, and for providing leadership in the development or revision and
implementation of a school improvement plan required by s. 1001.42(18) shall be
delegated to the school principal or head of the school or schools in accordance with
rules established by the district school board.

40. Section 1001.41, Florida Statutes, provides in part that:


General powers of district school board.The district school board, after considering
recommendations submitted by the district school superintendent, shall exercise the
following general powers:

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(1)Determine policies and programs consistent with state law and rule deemed
necessary by it for the efficient operation and general improvement of the district school
system.
(2)Adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of
law conferring duties upon it to supplement those prescribed by the State Board of
Education and the Commissioner of Education.
(3)Prescribe and adopt standards and policies to provide each student the opportunity
to receive a complete education program, including language arts, mathematics, science,
social studies, health, physical education, foreign languages, and the arts, as defined by
the Sunshine State Standards. The standards and policies must emphasize integration and
reinforcement of reading, writing, and mathematics skills across all subjects, including
career awareness, career exploration, and career and technical education.
...
(6)Assign students to schools.
...

41. Section 1001.42, Florida Statutes, provides in part that:


Powers and duties of district school board.The district school board, acting as a
board, shall exercise all powers and perform all duties listed below:
...
(2)CONTROL PROPERTY.Subject to rules of the State Board of Education, control
property and convey the title to real and personal property.
(3)ADOPT SCHOOL PROGRAM.Adopt a school program for the entire school
district.
(4)ESTABLISHMENT, ORGANIZATION, AND OPERATION OF SCHOOLS.
Adopt and provide for the execution of plans for the establishment, organization, and
operation of the schools of the district, including, but not limited to, the following:
(a)Schools and enrollment plans.Establish schools and adopt enrollment plans that
may include school attendance areas and open enrollment provisions.
...

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(e)Classification and standardization of schools.Provide for the classification and
standardization of schools.
...
(9)COURSES OF STUDY AND OTHER INSTRUCTIONAL MATERIALS.
Provide adequate instructional materials for all students in accordance with the
requirements of chapter 1006.
(10)TRANSPORTATION OF STUDENTS.After considering recommendations of
the district school superintendent, make provision for the transportation of students to the
public schools or school activities they are required or expected to attend; authorize
transportation routes arranged efficiently and economically; provide the necessary
transportation facilities, and, when authorized under rules of the State Board of Education
and if more economical to do so, provide limited subsistence in lieu thereof; and adopt
the necessary rules and regulations to ensure safety, economy, and efficiency in the
operation of all buses, as prescribed in chapter 1006.
(11)SCHOOL PLANT.Approve plans for locating, planning, constructing,
sanitating, insuring, maintaining, protecting, and condemning school property as
prescribed in chapter 1013 and as follows:
(a)School building program.Approve and adopt a districtwide school building
program.
(b)Sites, buildings, and equipment.
1.Select and purchase school sites, playgrounds, and recreational areas located at
centers at which schools are to be constructed, of adequate size to meet the needs of
projected students to be accommodated.
2.Approve the proposed purchase of any site, playground, or recreational area for
which district funds are to be used.
3.Expand existing sites.
4.Rent buildings when necessary.
...
6.Provide for the proper supervision of construction.
7.Make or contract for additions, alterations, and repairs on buildings and other school
properties.

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8.Ensure that all plans and specifications for buildings provide adequately for the
safety and well-being of students, as well as for economy of construction.
(c)Maintenance and upkeep of school plant.Provide adequately for the proper
maintenance and upkeep of school plants, so that students may attend school without
sanitary or physical hazards, and provide for the necessary heat, lights, water, power, and
other supplies and utilities necessary for the operation of the schools.
...

42. Section 1001.03, Florida Statutes, provides in part that:

(17)UNIFIED STATE PLAN FOR SCIENCE, TECHNOLOGY, ENGINEERING,


AND MATHEMATICS (STEM).The State Board of Education, in consultation
with the Board of Governors and the Department of Economic Opportunity, shall
adopt a unified state plan to improve K-20 STEM education and prepare students for
high-skill, high-wage, and high-demand employment in STEM and STEM-related
fields.

43. The AGREEMENT constitutes an impermissible delegation by Defendant SCHOOL

BOARD of its constitutional and statutory powers and authority. Succinctly, there exists no

lawful authority for SCHOOL BOARD to delegate to Defendants RAYONIER and

TERRAPOINTE SCHOOL BOARD's comprehensive powers and duties5 relating to student

enrollment, curricula, operations, and use of the Property.

44. Additionally, the provisions of the AGREEMENT relating to Enhanced Learning

Programs constitutes an impermissible delegation by Defendant SCHOOL BOARD of

powers reserved to the State Board of Education under Florida Statutes section 1001.03.
5
As set forth in Florida Statutes sections 1001.32, 1001.41, and 1001.42.
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WHEREFORE, Plaintiff demands judgment from this Court:

a) declaring that Defendant SCHOOL BOARD unlawfully delegated its statutory and

constitutional duties and obligations to Defendants RAYONIER and TERRAPOINTE and

that the related provisions of the AGREEMENT be stricken, deemed null and void, and shall

otherwise be unenforceable

b) awarding Plaintiff his costs and filing fees and, if provided for by law, attorney fees; and

c) such further relief as this Court deems appropriate.

COUNT III DECLARATORY RELIEF


Unconstitutional Pledge of Credit

45. Plaintiff re-alleges and incorporates each of the allegations above as if fully set-forth

herein.

46. There is an actual controversy between the parties as to the legality and constitutionality

of the AGREEMENT, and the pledge of credit by Defendant SCHOOL BOARD to Defendants

RAYONIER and TERRAPOINTE.

47. A declaratory judgment will serve a useful purpose in clarifying and settling legal

issues, and will afford relief from uncertainty, insecurity, and controversy.

48. ARTICLE VII, Section 10, of the Florida Constitution provides:

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Pledging credit.Neither the state nor any county, school district, municipality, special
district, or agency of any of them, shall become a joint owner with, or stockholder of, or
give, lend or use its taxing power or credit to aid any corporation, association, partnership
or person

49. The AGREEMENT creates an impermissible and de facto partnership between

Defendants and constitutes an unlawful provision by Defendant SCHOOL BOARD of its taxing

power and credit to aid Defendants RAYONIER and TERRAPOINTE.

50. The advancement of any SCHOOL BOARD funds which aid Defendant RAYONIER in

building a road to its corporate headquarters constitutes an unlawful provision by Defendant

SCHOOL BOARD of its taxing power and credit to aid Defendants RAYONIER

WHEREFORE, Plaintiff demands judgment from this Court:

a) declaring that Defendant SCHOOL BOARD, by entering into the AGREEMENT with

Defendants RAYONIER and TERRAPOINTE, did impermissibly use its taxing power and

credit to aid Defendants, and that the AGREEMENT be deemed null and void, and shall

otherwise be unenforceable

b) awarding Plaintiff his costs and filing fees and, if provided for by law, attorney fees; and

c) such further relief as this Court deems appropriate.

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COUNT IV DECLARATORY RELIEF
Reverter Clause Against Public Policy and Ultra Vires

51. Plaintiff re-alleges and incorporates each of the allegations above as if fully set-forth

herein.

52. There is an actual controversy between the parties as to the legality of a reverter clause

contained in the AGREEMENT.

53. A declaratory judgment will serve a useful purpose in clarifying and settling legal

issues, and will afford relief from uncertainty, insecurity, and controversy.

54. The reverter clause contained in the AGREEMENT seeks to compel Defendant SCHOOL

BOARD to comply with certain provisions of the AGREEMENT. Failure to comply (after notice

to cure) entitles Defendants RAYONIER and TERRAPOINTE to claim a forfeiture of the

Property thereby returning title to the Property to RAYONIER and TERRAPOINTE.

55. There is no provision under Florida law providing for the SCHOOL BOARD to acquire

property subject to a forfeiture / reverter clause. The agreement by Defendant SCHOOL BOARD

to a reverter clause was therefore ultra vires, against public policy, and thus void, null and

without effect.

56. Florida Statutes, section 1001.42, provides in part that a school district shall:

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(k)Protection against loss.Provide for adequate protection against any loss or
damage to school property or loss resulting from any liability for which the district
school board or its officers, agents, or employees may be responsible under law...

A loss occasioned by the exercise of the reverter / forfeiture provision is not insurable, nor is
there any other form of protection available to cover such a loss.

57. The reverter clause is penal in nature and the loss occasioned by any reversion of title is

grossly disproportionate to any damage that Defendants RAYONIER and TERRAPOINTE may

suffer as a result of any failure to perform by Defendant SCHOOL BOARD. This reverter

clause places substantial public assets at risk and the exercise thereof will disrupt to the publics

interests in the provision of free and public educational services.

WHEREFORE, Plaintiff demands judgment from this Court:

a) declaring that the reverter clause contained in the AGREEMENT is penal in nature and

against public policy and, therefore, null, void, and unenforceable

b) awarding Plaintiff his costs and filing fees and, if provided for by law, attorney fees; and

c) such further relief as this Court deems appropriate.

COUNT V DECLARATORY RELIEF


Violation of Due Process

58. Plaintiff re-alleges and incorporates each of the allegations above as if fully set-forth

herein.

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59. There is an actual controversy between the parties as to the legality of the student

capacity clause contained in the AGREEMENT.

60. A declaratory judgment will serve a useful purpose in clarifying and settling legal

issues, and will afford relief from uncertainty, insecurity, and controversy.

61. The reservation of student capacity clause embodied in the AGREEMENT denies

Plaintiff and Plaintiff's Child the Florida Constitution's guarantee of equal civil and political

rights and thus denies Plaintiff and Plaintiff's Child due process as provided by Art. I,

Section 9, of the Florida Constitution.

62. The reservation of student capacity clause embodied in the AGREEMENT establishes

an arbitrary and capricious class distinction, endorsed by Defendant SCHOOL BOARD,

between persons who are in essence customers of Defendants RAYONIER and

TERRAPOINTE, and those who are not. The reservation mandates separate facilities and

thus denies Plaintiff and Plaintiff's Child the Florida Constitution's guarantee of a uniform

system of education as mandated by Art. IX, Section 1, of the Florida Constitution.6

WHEREFORE, Plaintiff demands judgment from this Court:

a) declaring that the reservation of student capacity clause embodied in the AGREEMENT is

unconstitutional and therefore, null, void, and unenforceable

6
[I]n the field of public education, the doctrine of `separate but equal' has no place. Separate
educational facilities are inherently unequal." Brown v. Board of Education, 347 U.S. 483, 495,
74 S.Ct. 686, 692, 98 L.Ed. 873 (1954).
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b) awarding Plaintiff his costs and filing fees and, if provided for by law, attorney fees; and

c) such further relief as this Court deems appropriate.

COUNT VI INJUNCTIVE RELIEF

63. Plaintiff re-alleges and incorporates each of the allegations above as if fully set-forth

herein.

64. This is an action for injunctive relief.

65. Plaintiff is without an adequate remedy at law.

66. Plaintiff's Child faces a SCHOOL BOARD policy of discrimination and a radical change

in her educational environment as a result of SCHOOL BOARD's policy adopting a reservation

of student capacity agreement for and on behalf of a private developer, and the concomitant

violation of her constitutional rights under Florida's Constitution. Such a change may have far-

reaching effects on the rights of all children in the State of Florida..

WHEREFORE, Plaintiff demands judgment from this Court:

a) permanently enjoining Defendant SCHOOL BOARD from applying or enforcing in any

matter a reservation of student agreement and enjoining Defendant SCHOOL BOARD from

entering into such an agreement with a private entity in the future.

b) awarding Plaintiff his costs and filing fees and, if provided for by law, attorney fees; and

c) such further relief as this Court deems appropriate.

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Respectfully submitted by:

______________________
WESLEY F. WHITE, ESQ.
Florida Bar No. 273392
Attorney for Plaintiff
2579 Oak Street
Jacksonville, FL 32204
Tel: (904) 586-3400
wfwhite@gmail.com

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EXHIBIT A

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