published: Sunday, December 09, 2012

Judge denies injunction request

By SAMANTHA GHOLAR

sgholar@newssun.com

SEBRING - The city of Sebring is one up in the ongoing battle over the wall after Highlands County Judge David Langford denied a request for an injunction brought up by plaintiff Gingerlee Mitchelllindo. Sebring, along with Highlands County Florida and Civil Serv Design Group, Inc. are in the midst of a case that involves property owner Mitchelllindo and the retaining wall that surrounds her property at 503 E. Center Ave.

Mitchelllindo filed for the injunction in late November in hopes of preventing the city from removing the wall, or at least slowing down the process. The preliminary injunction, if granted, would have been a temporary one that would have given Mitchelllindo more time to file civil suits against the three parties.

The plantiff and defendant met Wednesday afternoon at the Highlands County Courthouse to speak with Langford.

City Attorney Bob Swaine presented a request for denial of the preliminary injunction on the grounds that the courts had already seen and concluded the case (09-001827-GCS) back in September 2010. Swaine argued that the injunction against the city of Sebring would not be the best for the community and would be of harm to the public interest.

"The presence of this wall constitutes a violation of City of Sebring Code, Chapter 1, Section 7(d)...Therefore, since the entry of a preliminary injunction will serve harm to the public in that the wall will continue to encroach on a public right-of-way, Plaintiff cannot satisfy the element required that a preliminary injunction will serve the public interest," Swaine's documents stated.

The ongoing debacle has caused a great deal of turmoil for Mitchelllindo and countless hours and dollars. With the denial of her preliminary injunction, Mitchelllindo is disappointed but plans to continue on with her fight.

"Langford turned down the injunction I'm still planning on fighting. I'm going to appeal to a higher court," Mitchelllindo said Thursday. "It's just wrong and for the rest of my life I won't waste my time getting things the way you're supposed to; getting permits and what not. It doesn't benefit you to do things the right, legal way when you're living under a corrupt government."

Mitchelllindo is currently preparing an appeal to a higher court to be granted the injunction. The property owner is also working on civil suits against the city of Sebring, Highlands County and the surveyors involved in the project.

City officials have slated the demolition of the wall to take place sometime during the school holiday break.