Tara litigation continues toward trial

Lake Lincoln hopes to mediate with Manatee County instead.

By Pam Eubanks
| 6:00 a.m. June 8, 2016

Lake Lincoln Vice President John Agnelli said the company has been part of Manatee County for 30 years and deserves due process.

East County
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Manatee County commissioners on June 2 rejected a proposed settlement offer with developer Lake Lincoln LLC that gave the county the option to rehear a development request or pay $2.3 million in compensation.

Lake Lincoln, developer of the Tara community, has been in a legal battle since 2011 with the county over its right to commercially develop a 3.3-acre parcel on the southwest corner of Tara Boulevard and State Road 70.

“We’ve been playing at this for four years,” Lake Lincoln’s Vice President John Agnelli said. “It’s not an efficient use of taxpayer money and it’s certainly not an efficient use of our money. All we’re looking for is due process.”

A non-jury trial is set for June 12, 2017, in front of 12th Judicial District Judge Diana Moreland.

Overview

Issue: Tara developer Lake Lincoln LLC in 2010 asked Manatee County to create a new 3.3-acre subparcel at the southwest corner of Tara Boulevard and State Road 70 and move entitlements from portions of the overall 1,120-acre development. Those included a 300-bed, adult assisted-living facility; residential units; a maximum of 19,500 square feet of commercial uses; and allowance of a one-acre wetland impact with corresponding mitigation. Manatee County commissioners said the property only could be used for open space and conservation.

Lake Lincoln’s complaint: The denial violated the developer’s property rights under the Bert J. Harris Jr. Property Rights Protection Act, revoked Lake Lincoln’s rights to develop its property and deprived Lake Lincoln of due process.

County’s response: The complainant did not submit an application for uses allowed under existing zoning. The request was not compatible with adjacent land use and zoning. The property previously had no entitlements assigned to it so there should be no expectation of its development.

Lake Lincoln Attorney John Harllee said the company now will petition the court for another mediation. Its first failed mediation was held in February 2015.

Commissioners made no comments on the settlement denial. County attorney Sarah Schenk declined comment.