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Federal judge rules on developer’s push to subpoena St. Johns County ‘Agrihood’ critic

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Insets of two men over a rendering of a planned community.
Attorney Zach Miller, left, and retired architect Joe McAnarney, right.

A federal judge last month sided with a St. Johns County resident who sought to block a subpoena tied to the โ€œAgrihoodโ€ development lawsuit, finding the request too broad.

In a March 10 order, U.S. District Judge Timothy J. Corrigan granted non-party Joseph McAnarneyโ€™s motion to quash a subpoena issued by attorneys for Robinson Improvement Company, which is suing St. Johns County Board of County Commissioners over a denied rezoning application.

McAnarney, a retired architect who spoke publicly against the proposed development, had been asked to turn over wide-ranging communications, including emails, messages and other records related to his opposition.

Inset of man in suit over rendering of a proposed development.
The battle over a 3,300 home development conitnues.

โ€œThe Court is wary of requiring a non-party citizen to become embroiled in a dispute between plaintiff and St. Johns County,โ€ Corrigan wrote, according to court paperts.

The judge also determined the subpoena was overbroad, pointing to its sweeping demand for personal communications.

Instead, the order directs the plaintiff to seek relevant information through the county during discovery, including any documents McAnarney may have provided or whether officials relied on his input.

At the same time, the ruling leaves open the possibility that McAnarney could be required to provide testimony or records later.

The motion to quash was granted without prejudice, allowing the developer to revisit the issue if it can show the information is necessary.

A red barn in Palm Beach County, Florida.
A red barn which is part of Freehold Communities ‘Agrihood’ Arden development in Palm Beach County, Florida. A similar project is proposed for St. Johns County. (Freehold Communities)

The order also signals caution regarding similar subpoenas issued to other residents who received subpoenas after speaking at public meetings.

The court indicated that the same concerns about scope and burden apply to those efforts.

Several of the recipients said they were served on Christmas Eve, while Agrihood lawyers said the timing was accidental.

The dispute stems from a federal lawsuit filed by Robinson Improvement Company, which argues the county wrongly denied its rezoning request despite clear long-range planning policies supporting residential development.

A status conference in the case is scheduled for April 15 at the federal courthouse in Jacksonville.

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