Beach bond validation hearing set

A Sarasota 12th Judicial Circuit Court judge will decide at an Aug. 3 hearing whether the town can proceed with a $16 million beach project.

Sarasota attorney Andy Cohen, of Hankin, Persson, Davis, McClenathen & Darnell, is handling the estimated $15,000 beach bond validation case.

The Longboat Key Town Commission gave Town Manager Bruce St. Denis direction to file a lawsuit in either Manatee or Sarasota county in March and ask a judge to validate the town’s $16 million beach bond referendum.

The town of Longboat Key has no access to $16 million in funds Key voters approved for a beach project because of an advertising error committed by the Town Clerk’s office.

St. Denis also informed the commission in March that the town was unable to request a special act of the Legislature to get an opinion that would be entered into the record for a county judge to review.

Town attorney David Persson explained that had the town obtained the opinion from the Legislature, “the outcome would have been easy.”

“Without the act of the Legislature, it by no means assures us of validation,” he said. “It’s an option to consider, but there’s no guarantee.”

Noting that the only other option would be to hold another election, St. Denis told the commission he likes the town’s chances with the lawsuit.

The town must convince a judge that even though it didn’t advertise appropriately the bond referendum, town staff more than adequately made residents aware of the bond referendum in the form of newspaper stories and beach meetings and presentations.

St. Denis thinks the town has a good case and also pointed to the fact that almost 80% of the town’s voters approved the $16 million sand-and-structures project.

If the judge does not rule in favor of the town, the town would have to hold another election and again go through the process of making a beach project decision.

Contact Kurt Schultheis at [email protected].