INDIAN RIVER SHORES — Attorneys representing the approximately 3,000 Vero electric customers in the Town of Indian River Shores Monday filed an amended complaint to a lawsuit filed back in July but suspended in unproductive mediation for nine months.
The latest version of the suit is narrower in scope, eliminating claims of ratepayer disenfranchisement and violation of state law for Vero not holding a referendum of customers, but still asks Judge Cynthia Cox to declare that the Shores has home rule power to choose its electric provider once its franchise with Vero expires in November 2016.
The second count of the suit alleges that Vero intends to keep serving the Shores regardless of whether a franchise is in place — which in the Shores’ view amounts to anticipatory breach of contract.
Counts three and four, which the Shores has asked be at least partially answered via a jury trial, state that Vero has not charged reasonable rates and that the city has engaged in risky and imprudent management practices.
Vero has 50 days to respond to the suit. That’s 30 days longer than the normal 20-day response period. During that time, Shores officials also hope Vero will have a change of heart and entertain the sale of the Shores portion of the electric system to Florida Power and Light.
