Judge Denies Sun 'N Lake Injunction

SEBRING - A judge has turned down a proposed injunction to halt today's Sun 'n Lake election.

On Jan. 20, Judge Orin Shinholser denied the request for an emergency hearing. The Property Owners Association of Sun 'n Lake of Sebring filed a lawsuit on Jan. 16, which would have kept National Recreational Properties from voting in Friday's election.

Incumbent Frank Guglielmi is being challenged by Dick Miller for the supervisor's seat.

At stake is the controlling vote on the five-member board of supervisors, who make governmental decisions for the improvement district between Sebring and Avon Park.

NRP owns or controls over 3,000 lots, and under Sun 'n Lake's system, each owner has one vote per lot. That gives NRP control of any election, so large landowners like NRP rule with three board seats. Small landowners control two seats.

Landowners are not permitted to vote if they don't pay their district assessments, and NRP sent a letter to the board last year, saying the California corporation cannot pay. However, said Al Grieshaber Jr., district general manager, NRP, its subsidiaries or those who have purchased tax certificates are current on two-thirds of those lots.

The Property Owners Association would be injured "if defendant NRP is allowed to vote its shares, or votes, in the district election," said the suit, filed Jan. 16 by Sebring attorney Gary Gossett. "Natural persons who are residents of the District will be out-voted in their local government by a commercial corporation."

For years, small landowners have been trying to wrest control of that third seat from the large landowners.

Election On

"As far as I know the landowner's meeting is scheduled to commence tomorrow, following the supervisors meeting at 9 a.m.," said Grieshaber. "They have a short agenda. They have to appoint a proxy to vote district lots on all matters aside from the supervisors' election.

Nominations will be taken for a chairman and a secretary, Grieshaber said. "The poll will be open until the chairman determines that everyone who cares to vote has had that opportunity."