Armstrong's attorney says settlement is likely

The Second District Court of Appeals has denied two appeals filed by Longboat Key resident James Armstrong, challenging orders issued by the town’s Code Enforcement Board, which found that Armstrong violated the law by performing unpermitted work on his home.

However, Armstrong’s attorney, Jim Helinger, believes that an agreement is imminent in the town’s case against Armstrong.

Helinger expressed optimism that a tentative settlement would be reached involving a third-party certified inspector going inside the property to certify that work has been properly completed, along with a compromise on Armstrong’s legal fees.

“Once it’s inspected, we will go from there, and Mr. Armstrong will, hopefully, get a clean bill of health,” Helinger said. “We’ll all sing ‘kumbaya’ at the next town meeting.”

According to an April 2 litigation update sent by Town Attorney David Persson to the Longboat Key Town Commission, the town is “seeking injunctive relief for inspection of certain improvements made to a dwelling without the benefit of permits or inspections.”

Persson wrote:
“We are actively attempting to resolve this dispute without the necessity of trial. We should know whether these efforts have been successful by the end of this month.”

Persson declined to comment about any agreement but said that if a settlement is reached, the town manager would have to sign off on it before bringing it before the commission for approval.

Armstrong first went before the Code Enforcement Board in July 2010 after receiving a notice of code violation. At the time, he said he planned to obtain necessary permits but argued that his rights as a property owner had been violated. The board voted to fine Armstrong $50 a day until he brought his property into compliance and require him to pay $2,178.50 in administrative costs. In December 2010, the commission authorized Persson to file a lawsuit because the town was unable to properly enforce its codes.

Helinger represents Armstrong pro-bono through the Pacific Legal Foundation, a group that, on its website, pacificlegal.org, describes itself as “the oldest and most successful public interest legal organization that fights for limited government, property rights, individual rights and a balanced approached to environmental protection.”

Helinger told the Longboat Observer in November that town employees violated Armstrong’s Fourth Amendment rights by entering his property to gather evidence without his permission. At that time, however, Persson wrote in an email to the commission that the town was asking Armstrong to comply with the laws that all citizens are required to meet.