Thank you for visiting The Islander Newspaper Online.

We are currently updating our website to provide you better service and function.
If you would like to access the new site, please, click here: The Islander Newspaper

Sorry for any inconvenience. Our new site and service will resume shortly.

Web Master

The Award Winning & Best News on Anna Maria Island, FL Since 1992

"The Award Winning & Best News on Anna Maria Island, FL Since 1992"

Saturday, Sep, 22, 2018
Florida Press Assn. Award-Winning Web Site
Home Latest News Weather Sports Real Estate Classifieds Island Guide Islander Store

 SECTIONS

 • 

Main News

 • 

Classifieds

 • 

Opinions

 • 

Streetlife

 • 

Calendar

 • 

Fishing

 • 

Sports

 • 

Real Estate

 • 

Obituaries

 • 

Weather

 Features

 • 

Cortez Cook Off: The Results

 • 

Anna Maria Island Bridge FDOT replacement bridge

 • 

National Hurricane Center (Atlantic)

 • 

Advanced Search

 • 

I love AMI

 • 

Mystery Story

 • 

Fishing Laws

 Classifieds

 • 

Classifieds Page

 • 

Place An AD

 • 

Items for Sale

 • 

Garage Sale

 • 

Estate Sale

 • 

Announcments

 • 

Lost & Found

 • 

Pets

 • 

Transportation

 • 

Boats & Boating

 • 

Fishing

 • 

Kids 4 Hire

 • 

Help Wanted

 • 

Health Care

 • 

Services

 • 

Lawn & Garden

 • 

Landscaping

 • 

Home Improvement

 • 

Business Opportunities

 • 

Rentals

 • 

Real Estate

 Weather

 • 

Today's Forecast

 • 

10 Day Forecast

 • 

Today's Tides

 • 

Emergency e-mail

 • 

Storm Watch

 Archive

 • 

News Archive

 • 

2009 Top Notch Gallery

 • 

2008 Top Notch Gallery

 • 

2007 Top Notch Gallery

 • 

2006 Top Notch Gallery

 • 

2005 Top Notch Gallery

 • 

2004 Top Notch Gallery

 Useful Links

 • 

Island Links

 • 

i.wed

 • 

Islander Store

 • 

About this Site

 Contact Us

 • 

Islander Store

 • 

Subscribe

 • 

About Us

 • 

e-mail us

Story Tools

Date of Issue: September 01, 2010

Stoltzfus appeals judge’s recall decision

Manatee County Circuit Court Judge Edward Nicholas ruled Aug. 24 that the petition to recall Anna Maria Commissioner Harry Stoltzfus was “legally sufficient.” The recall vote would, therefore, proceed.

Stoltzfus quickly appealed Nicholas’s decision, although no hearing has been scheduled by the appeal court.

Stoltzfus first filed a motion to have the recall petition against him declared “legally insufficient,” but Nicholas ruled against the request and affirmed the Recall Commissioner Stoltzfus Committee’s petition for a special recall election. Nicholas did not rule on the committee’s allegations, just whether the petition statements fit the petition criteria.

Prior to Nicholas’ ruling, 12th Circuit Court Senior Judge Lee Haworth certified the recall petition and ordered a recall election be held Sept. 7, pending the outcome of the hearing.

On Aug. 25, the day after Nicholas announced his decision, Stoltzfus planned his appeal to the Second District Court of Appeal in Lakeland, and requested an expedited hearing.

His attorney, Richard Harrison, said he believes “the trial court’s order is inconsistent with the controlling precedent as established by the appellate courts in Florida and the Florida Supreme Court.

 “Commissioner Stoltzfus has authorized us to commence an appeal immediately. We will do that and the case will now proceed to the Second District Court of Appeal for further review,” Harrison said.

As of The Islander’s press deadline Monday, Aug. 30, the appeals court had not acted on the request.

Should the recall vote proceed, the city electorate will — on the same ballot as the recall — vote to fill the remainder of Stoltzfus’ term.

Architect Gene Aubry is running to fill the 15-month remaining term, as is Stoltzfus. Florida law does not prevent a commissioner subject to a recall vote from running to fill the remainder of his own term.

If the recall votes fails, Stoltzfus retains his seat, regardless of the outcome of the vote for the term remainder on the same ballot.

The city has mailed out more than 200 absentee ballots that must be returned to the Manatee County Supervisor of Elections Office by Sept. 7 to be included in the tally.

The recall election would be the first such election in Manatee County, according to Manatee County Supervisor of Elections Bob Sweat.


Deadline filing…

Anna Maria City Commissioner Harry Stoltzfus has asked the Manatee County circuit court to issue an emergency stay for his recall election.

Richard Harrison filed the motion for Stoltzfus with the as The Islander was headed to press.

Stoltzfus already has appealed the circuit court decision allowing the Sept. 7 recall to go forward.

The new motion argues that a stay “is required … to preserve the status quo to the extent necessary to permit Stoltzfus to obtain the meaningful appellate review to which he is entitled.”

Get breaking news

Follow the Islander on TwitterBecome a fan of The Islander on Facebook

Sign up to receive breaking news alerts via e-mail. We'll send you a notice when the news and classifieds appear online every week, before the print edition hits the streets.

Click here for Gulf oil spill updates related to Anna Maria Island.

Historic Anna Maria City Pier Plank Walk

Put your name, your message, your memorial on the Historic Anna Maria City Pier prior to the Pier Centennial Celebration! And join the fun!

CLICK HERE for Stoltzfus e-mails and related court documents.


FREE Island
Vacation Guide:
get it here

Cortez Cookoff

Click here for 2010 Cortez Cookoff Winner and recipes

To advertise here, please
visit our rates page
or contact us at:
sales@islander.org
Phone: (941) 778-7978
Fax: (941) 778-9392

Back to top of Page

Home | Weather | Real Estate | Classifieds | Archives | Contact | Island Links
Islander Store | Subscribe About this site | Classifieds Page | Place an Ad
For Sale | Garage Sales | Announcements | Lost & Found | Pets | Transportation
Boats & Boating | Fishing | Kids for Hire | Help Wanted | Health Care | Services
Lawn & Garden | Landscaping | Home Improvement | Business Opportunities | Rentals | Real Estate

Our Privacy and Copyright Statements © 1992 - 2009, The Islander