MOTION FOR CERTIFICATION GRANTED
10/14/2011
Today (October 14, 2011) the First
District Court of Appeal has certified to the Florida Supreme Court a question
related to the taxation of leasehold improvements
on Pensacola Beach as of matter of great public importance. This is GOOD NEWS!
The Court certified the
following question of great public importance:
Whether the appellant leaseholders
are equitable owners of the leasehold improvements on the subject real property
when they have neither a perpetual lease of the underlying real property nor an
option to purchase such property for nominal value.
Our attorney, Danny
Kepner, will now petition the Florida Supreme Court to consider our case. The Supreme Court can decline, but this
action by the First District Court of Appeal improves our chances of being
heard at the court of last resort.
No other case involving
taxation of the improvements
on Pensacola Beach or Navarre Beach has made it to the Supreme Court. None of the other Pensacola Beach cases on improvements could even ask for
consideration by the Supreme Court, because the decisions by the lower court
were simply affirmed by the appeals court.
Plaintiffs in this case
should expect to receive correspondence from Shell, Fleming, Davis
& Menge in the very near future. We
have reason to hope that we will still see justice served concerning taxation
of leaseholds on Pensacola Beach.
Click to see
the written order