The Colony Beach & Tennis Resort Association filed a lawsuit Friday in the12th Judicial Circuit against the town of Longboat Key, asking a judge to quash a town resolution that mandates the association increase a bond the town can use to maintain the Colony property in case of an emergency.
The association filed a writ of certiorari, which states “no competent substantial evidence supports the Town Commission’s decision to require a $250,000 bond.”
The association notes the town has never had to use the $50,000 bond the association agreed to post a year ago. Town Manager Dave Bullock, though, told commissioners in December he’s come close to using the bond on more than one occasion.
On Dec. 11, commissioners approved a four-month extension of the grandfathered tourism units at the shuttered resort, making the latest tourism extension deadline April 30.
But the commission also mandated the association increase a bond the town can use to make improvements to the property from $50,000 to $250,000. Bullock noted the increase, which was objected by association attorney Jeff Warren on Dec. 11, was needed because of the association’s “track record.”
“If history is any indication, we will live on the edge of drawing the bond,” said Bullock on Dec. 11, explaining the association still hasn’t corrected a fire alarm issue in the mid-rise building at the town’s request. “I have no confidence things will get done unless we have resources to draw upon.”
Colony Beach & Tennis Resort Association President Jay Yablon told the Longboat Observer the association “has always sought to cooperate with the town and will continue to do so.”
“But I am concerned that on other Colony issues of much greater importance than the size of a bond, the town may, in a moment of passion, take ill-advised actions which could embroil the town and its citizens in yet another costly and lengthy legal controversy that they frankly do not need or want,” Yablon said. “The town needs to remain a neutral referee constructively urging resolution and prudence upon all parties including the association as well as upon our neighbors, and not turn itself into another Colony litigant via precipitous actions. The message of Friday’s certiorari filing on the narrowly circumscribed issue of the bond is very simple. The next time Town Commission is inclined to act in passion or haste, we urge them not to.”
For more information, pick up a copy of next week’s Longboat Observer.
Contact Kurt Schultheis at [email protected]