The Central Florida Tourism Oversight District has filed a motion to dismiss document in Orange County court today, asking the judge in the case to throw out Disney’s countersuit that was filed on September 28th. This countersuit was amended to include claims previously made in federal court. Disney updated their August 17th countersuit to include claims of a breach of the Florida Constitution on clauses like the Contracts Clause, the Takings Clause, Due Process, Free Speech, and more.
Now, the Central Florida Tourism Oversight District has filed a Motion to Dismiss Disney’s amended countersuit as it looks to win a battle with Disney over a long-term Development Agreement and Restrictive Covenants that were agreed to by the District, but under a different Board of Supervisors than those currently present.
In the Motion to Dismiss, we see many of the same arguments that the District has presented before, including that the Agreements are void ab initio for numerous reasons including an alleged failure of the former Reedy Creek Improvement District to mail notices to affected property owners, an alleged lack of authority for RCID to enter into the Agreements, and even constitutional challenges made by the current CFTOD against the RCID, among other things.
The District goes on to tackle the allegations by Disney, one by one, including arguments that Disney has not suffered any real damages by a breach of the Agreements and that Disney has failed to outline specific performance failures by the CFTOD. The District continues to rely heavily on its allegations that the Agreements are not valid.
You can read the full motion to dismiss below.
As always, keep checking back with us here at BlogMickey.com as we continue to bring you the latest news, photos, and info from around the Disney Parks!