- July 12, 2025
Palm Coast Mayor Mike Norris leaving the courthouse after his lawsuit against the city and fellow Councilman Charles Gambaro is dismissed. Photo by Sierra Williams
More than two dozen people sat in the courtroom to hear the results of Mayor Mike Norris' lawsuit. Photo by Sierra Williams
Palm Coast attorney Rachel Crews shows Judge Christopher Francis exhibits detailing the city charter's policies on council vacancies. Photo by Sierra Williams
Mayor Mike Norris' attorney Anthony Sabatini. Photo by Sierra Williams
Palm Coast Mayor Mike Norris’ lawsuit against Palm Coast and Councilman Charles Gambaro was dismissed entirely on July 3 for a lack of standing by a Flagler County circuit court.
Circuit Civil Court Judge Christopher France said Norris did not have the standing to file the suit. Palm Coast’s attorney Rachael Crews argued that only the attorney general or a person who was running for the District 4 council seat could file for a “writ of quo warranto,” a challenge Gambaro’s right to the public seat. France agreed and said outright that Norris’ position as mayor did not give him the right to file the suit.
“Although the result is flawed, the charter was complied with to fill the vacancy,” he said, regarding the lawsuit’s merit.
France also said the timing of the former Councilwoman Cathy Heighter’s resignation – effective Aug. 23, 2024 – “rendered the November 2024 election, one, impossible, and two, when it comes to a special election, not authorized by the charter.”
Norris and his attorney Anthony Sabatini sued Palm Coast, Gambaro and the Supervisor of Elections Kaiti Lenhart in May to remove Gambaro from office through “quo warranto” or for an order compelling a special election be held and an injunction preventing Gambaro from further occupying the seat.
In a statement sent to the Observer, Gambaro wrote that Norris' lawsuit was "a calculated attempt to intimidate and deflect attention from the serious and well-documented concerns about his own derelict conduct in office since taking the oath in November of 2024."
"Today’s legal defeat is well earned by a terrible leader that has no business serving as our Mayor," Gambaro wrote.
Norris and his supporters in Palm Coast have often stated in the eight months since Gambaro’s appointment by the previous City Council that Gambaro held the seat illegally. Sabatini argued the council had three options at the time: to delay an appointment for the new council members to seat, place the seat on the November ballot via a resolution or to appoint someone right away.
Sabatini argued that the charter’s clause allowing for the council to delay an appointment to an open seat was meant specifically for this situation and that Gambaro’s appointment was only valid until the next regularly scheduled election, which he said was Nov. 5, 2024.
“The position they put themselves in, which is getting close to the election and then choosing not to use the option [to delay the appointment], at the end of the day, it constituted the violation of the charter when they continue to allow Mr. Gambaro, respectfully, to stay in that position after November,” Sabatini said.
As for Norris’ standing to file the suit, Sabatini said Florida’s broad declaratory judgement act allows Norris the standing.
“Both as a citizen, a taxpayer and as an elected official whose votes are diluted by an occupant of an office that we allege is not in standing with the charter,” Sabatini said.
Crews, citing multiple case laws, said outright, “Plaintiff does not have standing,” as he was neither the Attorney General, acting on behalf of the Attorney General nor a candidate for the District 4 seat.
Additionally, Crews argued that the Palm Coast City Charter explicitly allows the council to appoint someone to fill a seat that is vacated within six months of an election because of the “logistical impossibility” of qualifying for the ballot in a short time frame.
“By the time we get Councilwoman Heighter’s resignation…we are past all the dates for the primary,” she said. As well, she said, the charter only allows for a special election in the case of a vacancy for the mayor seat or for a recall.
During the attorney’s arguments, France point-blank asked Sabatini, “They did what they could do, right? We all agree that they had three choices.”
“Yes, sir,” Sabatini said.
Gambaro wrote that, as he'd stated previously, his appointment was "in full accordance with all established city and state procedures" and "followed all legal requirements and proper protocols as outlined in our City Charter and Florida state law."
"The above facts were reaffirmed today," he wrote.
Former Palm Coast Vice Mayor Ed Danko, who was on the council when Gambaro was appointed, stated in a text to the Observer that "Norris should now repay taxpayers all the money he cost our city in wasted legal fees, and then he should resign."
Though Norris declined to comment at the Flagler County courthouse, on his Facebook page, he wrote that France’s decision was disappointing but that “this moment does not shake my resolve or my commitment to you,” the taxpayers.
“This outcome has highlighted a deeper issue that needs resolved,” Norris wrote. “Our city charter must be revised. The events of these past months have made it clear that the current language does not fully serve the interests or the voice of the people. We must work together to ensure that the will of Palm Coast’s residents is always heard and protected.”
Palm Coast is currently beginning the process to review and update its charter and has created a Charter Review Committee. The citizen-led committee will be responsible for evaluating and recommending updates to the charter, according to a May press release from the city. Applications to be on the committee will be reviewed at the July 15th City Council business meeting.
While Norris’ Facebook post did not state if he would be appealing France’s decision, he wrote: “This is not the end. This is a call to action. Let’s make our voices even stronger. Let’s make our charter better, and let’s continue to build a Palm Coast that truly reflects the people who call it home by using our vote!”
Correction: An earlier version of this story misspelled Attorney Rachael Crews' name. It has since been corrected.
