Attorneys agree to disagree

A document filed Aug. 19 on behalf of the Longboat Key Club and Resort requests that the Islandside Property Owners Coalition (IPOC), Sanctuary at Longboat Key Club Community Association Inc. and L’Ambiance at Longboat Key Club Condominium Association Inc. agree to 24 findings of fact in IPOC’s ongoing challenge of Comprehensive Plan amendments passed by the town related to the Key Club’s $400 million proposed Islandside redevelopment project.

The findings of fact include:

• That IPOC “engaged in political action efforts” on behalf of selected candidates for re-election in the March 2010 Town Commission race and in support of Amendment 4 on the November 2010 general election ballot.

• “Admits IPOC as an entity, has no standing to bring this lawsuit and its standing is dependent upon the standing, if any, of the condominium associations that are its ‘constituent members.’”

• “Admits that condominium associations are not granted the purpose or power under Chapter 718 (of Florida statutes) to create and participate in a Florida limited-liability company as a member or managing member.”

The statements are part of a “request for admissions” — requests made in which one party in a legal challenge asks the opposing party to agree to certain facts of the case in order to address the crux of the legal matter — filed by Key Club attorney Jim Syprett in Sarasota County court. Both Syprett and Robert Lincoln, the attorney representing IPOC and the Sanctuary and L’Ambiance associations in the challenge, agree that the purpose of a request for admissions is to simplify a legal case.

But Lincoln didn’t just disagree with many of the statements made in the three separate documents — he disagreed with the decision to enter them into the public record altogether.

Lincoln said that requests for admissions are typically not filed in court, describing the filing as a “distraction” and a “PR stunt.”

“This is just a matter of them trying to avoid the final, judicial determination,” he said.

But Syprett disagreed, saying that like most other court documents, a request for admissions is typically filed in court, and, thus, entered into the public record.

“It’s filed into the record like any proceedings,” he said.

Lincoln has 30 days to respond to the requests.

Lincoln said that he would likely agree on some requests on behalf of his client, while disagreeing with others.

One request states that condominium association documents require approval of at least 75% of unit owners before the associations can involve itself in legal proceedings.

As of Tuesday afternoon, Lincoln said he hadn’t been able to verify that claim in condominium documents — and that even if the claim is factual, it isn’t relevant because it can’t be used by a third party, such as the town or the Key Club, but, rather, is intended for the protection of unit owners.

“I don’t know whether that’s true, and I don’t know whether that’s relevant,” he said.