Judge hears arguments in Key Club's motion to dismiss

Sarasota County Judge Charles Roberts heard arguments yesterday in the Longboat Key Club and Resort’s request to dismiss a petition for a writ of certiorari filed by the Islandside Property Owners Coalition (IPOC) and L’Ambiance and Sanctuary associations against the Longboat Key Club and Resort and the town of Longboat Key.

Roberts, who reserved two hours for the hearing, didn’t rule on whether to dismiss the case. Instead, as the clock ticked toward 5 p.m., he chose to schedule a date during the week of Nov. 13 to hear the challenge from IPOC and the L’Ambiance and Sanctuary associations, although the hearing would be canceled in the event that Roberts ruled to dismiss the case before then.

During yesterday’s hearing, Jim Syprett, who represents Key Club Associates, argued that IPOC lacked legal standing to appeal the decision.

“IPOC owns no property, and it didn’t set into evidence that it suffered damages,” Syprett said. “It’s not a real party of interest.”

Syprett also argued that the L’Ambiance and Sanctuary associations didn’t participate in the quasi-judicial hearings leading up to the project’s approval.

But attorney Robert Lincoln, who represents IPOC and the condominium associations, disagreed with Syprett’s arguments.

“The idea that the associations did not participate is not true at all,” he said. “They appointed IPOC as their organization.”

Lincoln argued for IPOC’s right to claim damages, citing concerns about traffic, loss of open space and changes to the neighborhood that affect residents of the condominiums that IPOC has represented.

The writ of certiorari challenges the ordinance the Longboat Key Town Commission adopted in June 2010 to approve the Key Club’s proposed $400 million Islandside redevelopment project.

For more information, pick up an Oct. 20 copy of the Longboat Observer.

Contact Robin Hartill at [email protected].