Opponents to planned SR 64 car dealership out of legal options

After putting up a two-year legal fight to stop Cox Chevrolet from building a car dealership next to its neighborhood, Save Gates Creek and its Neighborhoods Inc. is out of legal options.

“We’re out of it," said Gates Creek attorney Jay O'Sullivan. "We brought it up before two different judges, and they basically said, ‘We believe the county,’ and that's it.

“We’re just sitting back, and who knows who will really start growling when they start building the place? It’s a space where there’s nine subdivisions around it.”

The dealership, planned for an 18-acre parcel at the northwest corner of State Road 64 and 117th Street East, was approved by the Manatee County Commission in October 2020 by a 4-3 vote.

District 5 Commissioner Vanessa Baugh voted against the project.

“It’s just a terrible location to put a car dealership,” Baugh said. “There is no mass development like that commercial property in the area. It’s going to be huge.”

Following the board’s approval, O’Sullivan filed two cases: one against Manatee County claiming they violated both the land development code and the Sunshine Law; the other against Manatee County and Cox Properties claiming the rezoning was not consistent with the Comprehensive Plan.

“Both of those cases are now closed. The one shows it’s open because the county was moving for attorney’s fees,” said Fred Moore, the attorney for Cox Properties. “There’s nothing (stopping Cox) as far as moving forward under county approvals, but I don’t know if there are other approvals necessary — the state water district, the federal government, other items — that wasn’t part of my engagement.”

Manatee County filed and won a motion to request the repayment of tax costs and attorney fees from Save Gates Creek, but the county attorney’s office didn’t respond to phone and email messages asking if they planned to follow through.

While the motion was granted, a number wasn’t decided upon. O’Sullivan believes the county will not pursue monetary compensation based on the group’s 501(c)(3) status as a nonprofit.

Some trees and debris have started to be cleared on the property. Kris Cox declined to comment on future plans.