WWSS: What Would Shakespeare Say?

We think we have finally figured out why PAR insists on submitting more site plans and putting up more buildings when they can’t fill up the one’s they have now.

Lawyers. They’re making room for lawyers.

Think about it. Litigation is a growth industry in this little city. A year ago Anna Maria was involved in a single pending lawsuit, the Villa Rosa mess. They were essentially on the sidelines in that one and it is going away soon. But this year, the city itself has been sued directly four times and city personnel and policies are central to four other lawsuits. Take a look after clicking the "Please Read More" link below. As always, you can read pertinent documents by clicking the links red:

Richard Friday v. City of Anna Maria – Friday bought the old Doc Walker house at the beach end of Park Street with the understanding that he fronted a conservation area in which the Comp Plan banned development, which it appears to do. But the City later gave Doc Walker’s heirs the green light to develop the property based apparently upon its own interpretation of the comp plan and zoning regulations. So, the Walkers proceeded with development on both the conservation and non-conservation portions of the parcel. Not so fast, said Friday, and he sued in March to halt further site work and have a judge declare the conservation portion of the property unbuildable. The Walkers have asked to join the suit and that motion is pending. Lawyers: Harry Haskins for Friday; Charles Johnson and Michael Magidson for Walker; Jim Dye for City of Anna Maria

Stephen Walker v. City of Anna Maria – Prior to the city enacting a moratorium last month on development of their property at the end of Park Street, the Walkers seemed content to join the Friday lawsuit and hash it all out in one place. But the moratorium apparently added another layer of frustration to an already vexing tangle of red tape and bureaucratic decision making. So they too sued the city seeking damages resulting from the moratorium and a ruling from the court saying that they were right all along. Lawyers: Fred Moore and Charles Johnson for the Walkers; Gregory Hootman for the City of Anna Maria.

Richard Friday v. Stephen Walker and Florida Department of Environmental Protection – This Department of Administrative Hearings (DOAH) case has been pending for less than a year and focuses on whether Walker’s project qualifies for a Coastal Construction Control Line permit issued by the DEP. The case was litigated, including depositions of Friday, Bob Welch and Alan Garrett, fairly extensively for a DOAH case. On May 24th, the hearing officer said Walker does qualify for the permit and on July 1st the DEP made it official. Of course, Friday has appeal rights and that little moratorium thing is still hanging around so it’s not over. Lawyers: Harry Haskins and Steve Thompson for Friday; Charles Johnson and Ricinda Perry for Walker; Thomas Beason for DEP.

William Nally v. City of Anna Maria – Mr. Nally contends that the P&Z Board’s February 23rd site plan approval of PAR’s 216 Pine Avenue project ignored parking and density requirements of the Comp Plan. The city denies that fact and may take some comfort in a recent Department of Community Affairs ruling that seems to favor the City’s position. But the DCA is not a courtroom, not even close, and this thing is a long way from over. Lawyers: Daniel Lobeck for Nally; Jim Dye for City of Anna Maria.

Muzzy and Hunt v. City of Anna Maria – This is not a “lawsuit” (and those courageously anonymous Facebooking Recallers out there should at least try to understand the distinction before foaming at the mouth about it) but it does involve lawyers and evidence and an agency determination, albeit toothless for the most part, that is appealable to DOAH. The Hunts and Muzzy’s argue to the Department of Community Affairs (DCA) that the city is unlawfully interpreting density requirements contained in the Comp Plan when considering site plans. The DCA recently issued a puzzling and self-contradictory “determination” that may create more questions than it answers. But it sure made the Recallers all chicken-skinned and I'll bet they can't even tell you why. Lawyers: Jeremy Anderson for Hunts, Muzzys; Jim Dye for City of Anna Maria.

Pine Avenue Restoration v. City of Anna Maria – PAR didn’t like it when the City Commission wrested control of site plan approval back from the P&Z Board earlier this year and their suit against the city explains why. On May 27th, the commission denied PAR’s application of its 308 Pine Avenue site plan. PAR sued the city one month later. Lawyers: Valerie Fernandez for PAR; No lawyer has filed an appearance on behalf of the city to date.

Michael Barfield v. Harry Stoltzfus – Perhaps the style of this one should read Pine Avenue Restoration d/b/a Michael Barfield v. Harry Stoltzfus since PAR’s Micheal Coleman proudly admits PAR is the entity behind the lawsuit over public records requests. They retained Barfield to swamp the city back in March with those requests and they succeeded. They also succeeded in having community good guy Jim Conoly resign instead of hassling with PAR's bullying. PAR’s ubiquitous lawyer Valerie Fernandez dutifully carries PAR’s flag into the courtroom and, as he did at last week’s hearing, Coleman shows up to lord over the proceedings from the gallery. Lawyers: Richard Harrison for Stoltzfus; Valerie Fernandez and Ricinda Perry for Barfield

Harry Stoltzfus v. Robert Carter – This lawsuit was made necessary by the certification of Carter’s recall petition back in May. Stoltzfus seeks to have the recall petition declared invalid. Judge Nicholas decided he was not ready to make a decision so soon so it went to the appellate court where it remains pending while they decide what to do with it since Carter finally filed an answer brief last week. The case then popped back up in circuit court after the second set of recall signatures was certified. On August 12th Judge Nicholas will decide whether to throw out the petition, assuming the appellate court doesn’t beat him to it. Lawyers: Richard Harrison for Stoltzfus, Greg Hootman for Alice Baird, James Minix for Bob Sweat, Fred Moore (trial counsel) and Rebecca O’Dell Townsend (appellate counsel) for Carter.

And don’t forget the attorney’s fee petition pending before the Florida Ethics Committee. John Cagnina recently reported he has retained counsel in that matter.

In contrast, Holmes Beach appears to have been in only one lawsuit in the last 5 years and Bradenton Beach in two. We’re pretty sure where most of that contrast comes from but we'll let you decide that for yourself.

So, let’s see. That’s 16 lawyers and counting. Only one of them has an office on the island now. Seems like a perfect opportunity for PAR to fill up all that empty space.

Bill Yanger