The 12th Judicial Court struck Blake Fleetwood's appeal of the town decision to approve the St. Regis project at the site of the former Colony.
An appeal of a Longboat Key decision to approve Unicorp National Developments’ St. Regis project has been struck by the 12th Judicial Circuit Court, according to documents filed Wednesday.
The order submitted by the court strikes Blake Fleetwood’s petition and appendix in his writ of certiorari filed April 18, a legal motion that challenged the Town Commission’s decision to approve a 167-room, 78-condominium St. Regis Hotel at the site of the former Colony Beach & Tennis Resort.
The court struck Fleetwood’s appeal of the town decision by motion of Unicorp National Developments, which sought an order on the grounds that Fleetwood’s filing did not contain a proper transcript of what was said over the multi-day Commission meetings which culminated in a 6-1 vote to approve the project.
Fleetwood claimed in his appeal of the town decision that the Town Commission was not presented with enough evidence to say the development project met town standards. The motion Fleetwood filed contended that Unicorp National Developments did not have authority as “the owner” to ask for town approval of its project.
In its filing with the court, Unicorp suggests that Fleetwood, as the individual who brought the case before the court, must provide a complete record of the hearings so that the court may have an opportunity to review all evidence presented.
That includes a transcript of the hearings, which were not included in an appendix to his complaint.
Fleetwood did include in his 228-page appendix meeting minutes, the ordinance approved by the town, the condominium association bylaws and excerpts from the town’s zoning code.
The court agreed with Unicorp, ordering Fleetwood to refile his writ of certiorari within 50 days. The Colony Beach & Tennis Club Association was also granted its motion to intervene, which give the condominium association authority to file responses and give oral arguments.