Court to hear Preserve Palm Beach’s appeal of rejected referendum [Palm Beach, FL]

By Jan Sjostrom
Daily News Arts Editor
Updated: 6:57 p.m. Wednesday, Aug. 18, 2010

The Fourth District Court of Appeal has set a date to hear oral arguments in Preserve Palm Beach’s appeal of a lower-court ruling rejecting a referendum proposed by the PAC and its leader, Patrick Flynn. If passed, the referendum would incorporate into the town charter provisions of a 1979 zoning agreement between the town and the owners of the Royal Poinciana Plaza protecting the Royal Poinciana Playhouse from demolition.

The judges will hear the case at 10 a.m. Oct. 5 at the court at 1525 Palm Beach Lakes Blvd., West Palm Beach. In December, Palm Beach County Circuit Court Judge David Crow sided with the town in its challenge of the constitutionality of the referendum.

In a related case, Crow will preside over a hearing at 8 a.m. Friday at the Palm Beach County Courthouse in which the town is contesting the constitutionality of another proposed Preserve Palm Beach referendum designed to shield the shuttered theater from demolition. If passed, that referendum would amend the town charter to require voter approval before the Playhouse and other landmarked public-access building could be razed.

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