Town plans to re-file Armstrong suit

The town sought to address issues related to building codes, safety, control and zoning in its lawsuit against resident James Armstrong, whom the Longboat Key Code Enforcement Board found to be in violation of the law as the result of work he allegedly performed on his home, according to Town Attorney David Persson.

On Monday, Nov. 21, 12th Judicial Circuit Judge Charles Roberts dismissed that suit without prejudice. He also denied Armstrong’s request for a rehearing and written opinion of the board’s determination that he was in violation of the law.

But both sides say this isn’t the end of the case.

Persson said that the town plans to re-file the suit, which was brought by Whitney Coyne as special counsel to the town, later this week. According to Persson, the case was dismissed on a technical issue: The town sought inspection of Armstrong’s home, located in the 2900 block of Gulf of Mexico Drive, but didn’t seek an inspection warrant, in which a court order is granted to access the property. But Armstrong’s attorney, James Helinger, still argued against granting an inspection warrant, arguing that the law prohibits the court from issuing the warrant on a homesteaded property.

“The town has no intention of seeking an inspection warrant,” Persson wrote in a Nov. 23 email to the Longboat Key Town Commission. “The town seeks court determination for compliance with building, flood and zoning laws.”

Persson said that the amended filing will clarify that the town doesn’t seek an inspection warrant.

“The amended pleadings will make it clear that it’s looking to the court to provide a way for the town to enforce its building code,” he said.

Armstrong referred questions about how he would like to see the case resolved to Helinger, who began representing his client pro-bono after Armstrong contacted the Pacific Legal Foundation, a group that, on its website, pacificlegal.org, describes itself as “the oldest and most successful public interest legal organization that fights for limited government, property rights, individual rights and a balanced approach to environmental protection.”

Armstrong’s Code Enforcement case dates back to 2010 (see timeline), when he first appeared before the board to address a notice of violation. During that appearance, he told the board that the town’s website provided contradictory information about permitting issues and accused town staff of lying to him about permitting requirements.

Helinger said that Armstrong’s offers to allow a certified inspector to go inside the property and certify that work has been properly completed have been rejected by the town. Regardless, Helinger said he could file a 1983 federal civil rights claim against the town employees involved with Armstrong’s case. He said that the employees violated Armstrong’s Fourth Amendment rights by entering his property without permission to gather evidence.

“They took a ladder and got into a construction dumpster that was on his property to take pictures,” he said. “You just don’t do that in the United States of America.”

But Persson wrote in his email to the commission that the town wants Armstrong to meet the requirements that all citizens are required to meet.

“Nobody wants to remove Mr. Armstrong from his home,” he wrote.  “Nobody wants to spend money litigating problems that are avoidable. But when a citizen refuses to comply with the law, the result is both time-consuming and expensive. It’s also frustrating for all involved.”

Case history
The following timeline comes from testimony provided about Jim Armstrong’s case at past Code Enforcement Board hearings.
• June 19, 2009 — The most recent permit for Armstrong’s home was issued; the permit was voided because Armstrong didn’t pick it up.
• April 15, 2010 — Code Enforcement Officer Heidi Micale received a call from an electrician who had been hired to work on Armstrong’s property and wanted to know if Armstrong had obtained permits for the project. Micale found no active permits. That day, Micale and Building Inspector Tony Sapuppo visited Armstrong’s property and observed evidence of construction.
• May 25, 2010 — Micale prepared a notice of code violation.
• July 12, 2010 — Armstrong appeared before the Code Enforcement Board and said that he planned to obtain necessary permits but argued that his rights as a property owner had been violated.
• Aug. 9, 2010 — The Code Enforcement Board voted to fine Armstrong $50 a day until he brought his property into compliance and required him to pay $2,178.50 in administrative costs.
• Dec. 6, 2010 — The Longboat Key Town Commission authorized Town Attorney David Persson to file a lawsuit against Armstrong, because the town was unable to properly enforce its codes.