Judge dismisses legal complaint against Palm Avenue construction

Essex House residents upset with construction on the neighboring Echelon on Palm were dealt a loss Thursday when a judge declined to take immediate action against the developers of the high-rise condominium project.

On May 16, the Essex House Condominium Association filed a suit against developer The Ronto Group, as well as BCBE Construction and WSR Sarasota. The residents filed an emergency motion for temporary injunctive relief, complaining that the Echelon on Palm construction crossed onto the Essex House property line, damaging the Essex House land, landscaping and irrigation systems in the process.

Essex House sought a ruling that would require the builders to cease all excavation at the property line, fill in the land that has already been removed and install fencing to prevent further damage.

In his ruling, Judge Brian Iten wrote the circumstances surrounding the case did not constitute an emergency, denying the injunction request.

"An emergency circumstance is one in which there is imminent danger, a crisis or a situation requiring immediate and extraordinary action," Iten wrote in a two-page decision.

Iten directed the involved parties to meet in an attempt to resolve the issues outlined by the Essex House. If not, a formal hearing in the case could be set for a date yet to be determined.

Residents at the Essex House, located at 707 S. Gulfstream Ave., have also complained about the presence of a construction crane above their property. The 18-story Echelon on Palm project broke ground at 624 S. Palm Ave. earlier this year, and will include 17 units.