The city of Cape Coral has filed a motion to dismiss a request for an injunction filed against City Council by a resident regarding Jaycee Park last month.

“The city respectfully moves this honorable court for an order dismissing plaintiff’s motion for injunction for failure to state a cause of action upon which relief may be granted, or in the alternative, for failure to comply with the Florida Rules of Civil Procedure, and to grant to the city any such other and further relief as the court deems just and proper,” City Attorney Aleksander Boksner wrote in the Oct. 4 request for dismissal.

The injunction was submitted last month by Peter Wiggin.

“I request an extended injunction against Cape Coral City Council, or the mayor’s office stopping any action to be taken at Jaycee Park. This is to allow all federal and state agencies to respond to my request for independent impact studies on the local microenvironment, involving land, sea, and air,” Wiggin wrote in his submission.

“Therefore, I would encourage the courts to approve this injunction until responses are obtained from the certified mailed requests for intervention of the affected agencies or true impact studies can be performed.” Wiggin’s filing states.

Boksner’s comments in response include “instead of a short and plain statement of the ultimate facts showing the pleader is entitled to relief, plaintiff’s motion for injunction more closely resembles a discursive collection of scurrilous, conspiratorial, speculative, and conclusory statements and opinions, which wholly fails to state a cause of action and is framed in complete disregard of the dictates of the Florida Rules of Civil Procedure.”

Background facts submitted by the city include Wiggins serving the city with the first five pages of the motion of injunction, but not the next 50 pages; does not cite any legal authority; Wiggins signed the document on the fifth page, but it was not sworn to or verified and the difficulty to interpret the “haphazard, shotgun nature” of the plaintiff’s injunction – preliminary/temporary injunction, a permanent injunction or both.

“Perhaps the only clarity that can be gleaned from plaintiff’s motion for injunction is that plaintiff is displeased with the city’s legislative decision-making regarding the duly approved refurbishment of Jaycee Park, and plaintiff maintains an affinity for and is an apologist on behalf of exotic invasive species Australian pine,” Boksner wrote.

The motion to dismiss states that the City Council adopted resolution 209-24, which approved an unsolicited public-private partnership proposal for improvements and refurbishments for Jaycee Park, “a city owned park and public amenity.”

The petitioner’s emergency motion includes a letter to Lee Clerk of the Kevin Karnes and cites information about Beach Parkway as a neighborhood, wind breaks-science and uses, history of the Caloosahatchee River, greenspace, Australian pines, the City of Cape Coral parks master plan update, Cape Coral City Council and mayor’s “disinformation campaign” and conclusion.

Wiggin seeks to retain the windbreak and so the pines “as it a critical infrastructure protecting the Beach Parkway neighborhood.”