Judge narrows scope of Heritage Harbour lawsuit

HERITAGE HARBOUR — A local judge has narrowed the scope of a pending lawsuit against the Heritage Harbour South Community Development District.

During a hearing March 7, Judge Diana Moreland dismissed two of three counts brought forward against the CDD by the Lighthouse Cove Homeowners Association and Lighthouse Cove resident Joe Ramsey.

The plaintiffs in December filed a lawsuit against Heritage Harbour South, alleging the district has unfairly apportioned non ad-valorem assessments for stormwater management services. Count 1, which sought declaratory judgment on the issue, is still active and likely will proceed toward trial.

Count 2, which is an action seeking injunctive relief to prohibit the CDD from levying the assessment, and Count 3, an action contesting the amount of non ad valorem assessments being collected, were both dismissed. For Count 2, however, Moreland gave the plaintiff’s attorney 10 days to amend its request, because it did not contain statements of law required for an injunction.

“She gave us the relief we asked for,” the CDD’s special counsel John Harllee said after the hearing. “It narrows the issues of the case and makes it less expensive and more efficient to come to some conclusion.”
Harllee and the district’s attorney, Kenza vanAssenderp, both say the district’s case is strong and the new methodology being used for assessments is fair and highly sophisticated.

Maggie Mooney-Portale, legal counsel for Lighthouse Cove, also said she was pleased with the results of the hearing, as well.

“The HOA and Mr. Ramsey still have their claim for damages against the CDD,” she said. “We’re confident in our position, and we think the CDD has some problems in the way in which it levied these stormwater management assessments.”

Lighthouse Cove and Ramsey formally filed their complaint against the CDD Dec. 12, 2011. The Lighthouse Cove Homeowners Association encompasses about 49 acres within the district’s roughly 981 acres, of which about 556 acres are common areas consisting of roads, parks, lakes and wetlands that are part of a master stormwater management system.

Under a new assessment methodology adopted by CDD supervisors in the fall of 2011, 245 homeowners in the single-family portion of the Lighthouse Cove community are cumulatively being assessed $36,186.50 of a total $223,185 district-wide for stormwater assessments, the lawsuit states. The plaintiffs believe the amount, which is about $147.50 per home, is not fairly apportioned.

Stoneybrook Investors, the entity that owns the Stoneybrook Golf Club, also is challenging the assessments the CDD is levying for stormwater management services. A preliminary hearing was slated for March 15, after the East County Observer went to press.

Contact Pam Eubanks at [email protected].