Judge: Culverhouse can't use commissioner testimony

Sarasota County attorneys have scored a legislative win against a frequent litigious foe Hugh Culverhouse Jr. in his lawsuit against fellow prominent local developers Randy Benderson and Henry Rodriguez.

Though the county is not specifically involved in the state suit, Culverhouse Jr.'s firm, McCann Holdings Ltd., deposed Sarasota County Commissioner Nora Patterson and former County Commissioner Shannon Staub. The legal action alleges firms headed by Benderson and Rodriguez conspired to "sabotage" a development plan known as the Energy Economic Zone (EEZ) Comprehensive Plan amendment, which commissioners tabled in 2010.

Circuit Court Judge Nancy Donnellan denied a motion from McCann to force testimony from Patterson and Staub, who had claimed their right to legislative privilege to refuse to testify in the case.

"To our knowledge, Judge Donnellan's order represents the first application of Florida's newly recognized legislative privilege to allow commissioners to refuse to testify about county legislative processes, such as comprehensive plan amendments," said County Attorney Stephen DeMarsh in an April 2 memo to commissioners.

Former County Administrator Jim Ley, who resigned in 2011 amidst the procurement scandal, had also cited legislative privilege, but has since waived that right, said Deputy County Attorney Alan Roddy.

Donnellan's decision means that it will be less likely that county staff or legislators will get caught up in suits over legislative matters, Roddy said.

"It is a good decision — it is a helpful decision," Roddy said. However, Culverhouse Jr.'s legal counsel has already filed a motion for reconsideration.