Town attorney talks pending litigation

Case: Deluccio, et. al. v. The Town of Longboat Key, et. al.
Origin: After the Save Our Homes amendment passed in 2008, a group of non-resident property owners filed suit against various local government entities. One property owner was a Longboat Key resident and listed the town as a defendant.
Status: The case is currently pending before the U.S. Supreme Court.
Cost to town: $1,538.70

Case: Krieger v. The Town of Longboat Key
Origin: Longboat Key resident Ingeborg Krieger sued the town in January 2009, claiming ownership of a strip of land located across the street from her home in the Longbeach Village along Sarasota Bay near the Town Dock.
Status: Krieger appealed a federal court decision that dismissed her claim with prejudice, according to Persson’s memorandum.
Cost to town: $13,023.20

Case: Advance Properties Ltd. v. The Town of Longboat Key
Origin: Krieger’s south neighbor filed a challenge claiming ownership of the same strip of land, although the case differs, because Advance Properties acquired title to the property after the town asserted ownership by filing a map in with Florida statutes.
Status: “There have been some settlement discussions,” according to Persson’s memo.
Cost to town: $312.20

Case: James Armstrong v. the Town of Longboat Key
Origin: Longboat Key resident James Armstrong has appealed orders issued by the Longboat Key Code Enforcement Board that arose last summer when Code Enforcement officials alleged that he made improvements to his home without obtaining proper permits.
Status: The case is currently in the 12th Judicial Circuit Court of Florida. Armstrong claimed in his appeal that the town failed to show that work was not properly permitted and that fines and costs were improperly calculated.
Cost to town: $12,532.60

Case: Islandside Property Owners Coalition LLC, et. al. v. the Town of Longboat Key, et. al.
Origin: Three separate cases have been filed related to the Longboat Key Club and Resort’s proposed $400 million Islandside redevelopment project. According to Assistant Town Attorney Kelly Martinson Fernandez, the first case addresses whether the town followed due process in approving the project, the correct law was followed and the town had substantial evidence. A second case appeals the decision to approve the project; and the third case is an administrative action that alleges that the zoning-code changes made by the town for the project are inconsistent with the town’s Comprehensive Plan.
Status: Oral arguments are scheduled in the first case for Sept. 12. Answers have been filed for the second case, and the town is currently in the process of amending its Comprehensive Plan, which is in the final stages of enactment:
Cost to town: The Key Club is paying for ongoing legal costs.

Case: The Town of Longboat Key v. James Armstrong
Origin: The town filed a lawsuit against Armstrong seeking to inspect his property for alleged unpermitted work and to collect fines.
Status: Discovery is ongoing.
Cost to town: $14,396

Case: Smith v. Town of Longboat Key
Origin: Longboat Key resident Robert Smith appealed the Longboat Key Code Enforcement Board’s assessment of a $4,000 fee.
Status: The Longboat Key Town Commission approved on first reading at its July 11 meeting a settlement between Smith and the town. Smith signed an agreement and paid the town $240, representing satisfaction of the amount owed.
Cost to town: $2,597.95

Case: Livingstone v. The Town
of Longboat Key
Origin: A man was allegedly injured while riding his bicycle in 2009 when a truck driven by a town employee struck him.
Status: The town’s insurance carrier appears to have reached a settlement.
Cost to town: $869.70

Contact Robin Hartill at [email protected].