Judge hears petition for writ of certiorari in Key Club challenge

Attorney Robert Lincoln told 12th Judicial Circuit Judge Charles Roberts at a Nov. 16 meeting that the Longboat Key Town Commission improperly approved the Longboat Key Club and Resort’s proposed Islandside redevelopment project.

“Our argument is the town violated critical components of its zoning code,” said Lincoln, who represents the Islandside Property Owners Coalition (IPOC) and L’Ambiance and Sanctuary associations.

Lincoln made the arguments in a petition for a writ of certiorari in the challenge to the Longboat Key Club and Resort and the town of Longboat Key. In their petition, IPOC and the associations claim seven major deficiencies in the developmental order that the Longboat Key Town Commission approved for the project. They argue that:

• The development order approves uses not permitted by the zoning code, by permitting uses such as a meeting center, administrative offices and spa/health facility on the north parcel;
• The development order violates the zoning code because it permits new non-residential uses on lands not previously designated for such uses;
• The development order violates zoning codes because it does not include required findings about the departures granted;
• The development order violates zoning codes because it does not include required findings;
• Permits are insufficient for off-street parking;
• Parking garages for the hotel and meeting center exceed the permissible size for accessory structures;
• and that the Longboat Key Planning & Zoning Board did not review the fourth revised application, on which the commission acted.

But town attorney David Persson argued that some errors were inevitable given the complexity of the case, which involved nine attorneys, more than 20 hearings and seven commissioners acting in a judicial role. He argued that granting the writ was only appropriate in a case that resulted in a miscarriage of justice.

Persson and Key Club Associates attorney John Patterson also argued that the petitioners did not interpret town code erroneously and did not fail to apply the correct laws in granting the development order.

Roberts did not issue a ruling at the Nov. 16 hearing. According to Patterson, approval of the petition would likely send the case back to the commission. If the judge denies the petition, IPOC and the associations could take their case to the Second District Court of Appeals.