Mayport suit against cruise ships goes to mediation

Last modified 9/18/2008 - 10:21 pm
Originally created 092008
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By DREW DIXON, Shorelines

A Mayport civic group's lawsuit against Jacksonville and the Jacksonville Port Authority that challenges plans for a cruise ship terminal in the historic fishing village sailed into mediation instead of a courtroom this week.

Both sides began mediation on Tuesday instead of going before a circuit judge, in hopes of staving off a legal battle. The Mayport Civic Association's suit, filed early this year, asks the court to stop the city and JPA "from taking any steps further toward construction of a cruise terminal in Mayport village."

Mayport Waterfront Partnership Chairman David Fisher announced the mediation development Tuesday at the group's regular meeting. Fisher was the president of the Civic Association, which represents a group of residents who live in the historic village, when the lawsuit was filed. He resigned as president of that group when he took over as chairman of the partnership a few weeks after the lawsuit was filed.

"I don't expect the mediation will stop it [the terminal]," Fisher said. "But this is the only way that we're actually really going to find out what they [JPA] got in their mind because anything that they're saying now is off the cuff."

JPA spokeswoman Nancy Rubin confirmed the authority and city engaged in mediation Tuesday. But she said she declined to comment on the process and referred all questions to the Jacksonville General Counsel's Office, which did not return two phone messages. The General Counsel's Office is representing the city and JPA in the dispute.

While the lawsuit was filed in January, the JPA closed on an 8-acre, $9 million waterfront property purchase in the village in June. JPA officials have said the 8 acres is all they'll need for the terminal operations, which could hold up to four cruise ships, if necessary. Officials also said they'll construct a five-story parking garage for cruise customers to house their vehicles when they leave port.

JPA officials have said all plans are only tentative and that they have no cruise ship company committed to operate out of Mayport. All cruise ships operating out of Jacksonville dock at a temporary terminal just west of the Dames Point bridge on the St. Johns River. Port officials said Mayport would be better because it would be closer to the mouth of St. Johns River.

Mayport residents have fought the proposed terminal in their village, which was established in 1562. They said it would ruin the rustic charm of the village, would bring unwanted landscape and air pollution and would wreck what remains of an unstable fishing industry.

Mediation is often an alternative to a full-blown court fight. Both sides agree to a third party to "mediate" the dispute and propose a settlement that both sides must agree on to settle the case.

Whatever the resolution from the mediation, Fisher said there will still be residents in the village who will fight the terminal until it's operational.

"I don't think these people here are ever going to say yes to this thing. It's going to be constant opposition until they really, truly know exactly what's going to happen and we get some kind of a time line. They're still going to try to fight it," Fisher said.

Drew Dixon can also be reached at (904) 249-4947, ext. 6313.