Attorney plans lawsuit against resident

Town attorney David Persson plans to file a lawsuit against Longboat Key resident James Armstrong for refusing to allow town staff into his home to review work done without town-issued building permits.

The Code Enforcement Board voted at its August meeting to levy fines against Armstrong after determining he had done construction at his home in the 2900 block of Gulf of Mexico Drive without obtaining the necessary permits. A lien has since been placed on his home for his failure to comply.

Armstrong maintains town staff trespassed on his property to obtain photographic evidence and is appealing the board’s decision in the Sarasota County Clerk of the Circuit Court.

At its Dec. 6 regular meeting, Persson will ask the Town Commission for authorization to file the lawsuit because the town is unable to properly enforce its codes.

In a letter to Armstrong, Persson wrote: “What we intend to do is present the evidence to a judge and then seek an order from the judge to conduct the necessary inspections and then, based upon those inspection, require the necessary permits and work in order to correct any building or zoning violations that are uncovered.”

Persson suggests in the letter to Armstrong that the lawsuit can be avoided if Armstrong enters into an agreement to allow town staff to inspect his home and submit applications for building permits based upon those inspections.

Armstrong has asked for a continuance of Persson’s request because he is unable to attend the Dec. 6 meeting.
Contact Kurt Schultheis at [email protected].