Clearwater Officials Sought Legal Opinion on Petitions

The city asked the attorney general to review a citizen-led effort to repeal a road transfer ordinance.

Updated on Sept. 18, 2026 in Civic Engagement

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Clearwater city officials have requested an attorney general's opinion on a citizen petition to repeal a road transfer ordinance involving South Garden Avenue. AI Illustration. Upload story photo >

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Clearwater city officials have requested an opinion from the attorney general regarding a citizen petition to repeal a previous vote to transfer South Garden Avenue. The city council also authorized the county supervisor of elections to verify the nearly 11,000 signatures collected by the group Save the Garden.

Why it matters

The city is attempting to determine if the citizen-led petition, which aims to overturn a land transfer to the Church of Scientology, conflicts with state law. Officials are specifically concerned that the move might violate the Community Planning Act.

The city council has set a 20-day window for the county supervisor of elections to verify the 11,000 signatures submitted by Save the Garden. The petition seeks to repeal a June 2026 decision to transfer South Garden Avenue.

The players

Save the Garden

This is a local advocacy group that organized the signature drive regarding the South Garden Avenue land transfer.

James Uthmeier

He serves as the attorney general who has been asked by Clearwater officials to provide a legal opinion on the petition.

Owen Kohler

He is the Clearwater City Attorney who reported that outside counsel has raised concerns about the legality of the petition.

Church of Scientology

This is the religious organization that was approved to receive a portion of South Garden Avenue from the city.

The details

City Attorney Owen Kohler stated that outside counsel believes the effort to block the land transfer to the Church of Scientology could be at odds with the Community Planning Act. If the signatures are validated and the council does not repeal the original ordinance, the issue will be placed before local voters in a referendum.

Timeline

  1. In June 2026, the City Council voted to transfer South Garden Avenue.

  2. Save the Garden filed the second petition on Wednesday, September 16, 2026.

  3. The council debated the petition and approved signature verification on Thursday, September 17, 2026.

Political Context

Opponents of the land transfer argue that the city's appeal to the attorney general is a tactical delay to bypass the will of the voters. Advocacy groups maintain that the citizen petition is a standard procedural right intended to give residents oversight on major municipal land sales.

Residents should be aware that the upcoming signature verification process may determine if this land transfer issue appears on a future municipal ballot. A successful referendum could halt the transfer of South Garden Avenue, directly impacting public access and city infrastructure planning.

The takeaway

This case highlights the ongoing tension between municipal governance and citizen-led efforts to challenge urban planning decisions. Residents interested in city policy should follow the results of the signature verification to see if a public referendum will be held.

Further reading

For more information on how residents influence municipal decisions, see the Civic Engagement section.

Source note: This article includes information reported by Tampa Bay Times.

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