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Lighthouse Point dock project creates waves


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  • | 4:00 a.m. October 5, 2011
  • Longboat Key
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Lighthouse Point resident Burl Schaberg Jr. believes his neighborhood’s dock-expansion project will make waves for him, blocking his home’s views and increasing nearby activity.

Although Schaberg, 67, and his wife, Janet, are the only property owners in the 16-home neighborhood who oppose the project, the dispute sailed into uncharted waters last week.

According to a Sept. 26 Longboat Key police report, Lighthouse Point resident Peter Simonson, 46, told police that he was photographing the dock area when he encountered Schaberg, who he said “is opposed to the expansion of the dockage” and “was acting in an aggressive manner and was shouting.” Simonson told police that Schaberg punched him with a closed fist, striking his chin on the right side.

But when police responded to the scene, they didn’t see any visible signs of injury to Simonson, although the report states that he complained of pain to his chin. And when police went to Schaberg’s home, they found that Schaberg was the one with a visible injury.

“I observed that Schaberg did have a swollen area over his left eye approximately the diameter of a quarter, and it was obviously raised,” the report states.

Schaberg told the Longboat Observer that he was walking his dog, on Sept. 26, when Simonson approached him about that night’s Longboat Key Town Commission meeting in which the commission was scheduled to consider the project on second reading.

“He said some comment like, ‘You’re not going to like what’s going to happen at this meeting,’” Schaberg said. “I said, ‘I guess we’ll see about that.’”

He reported that Simonson struck him on his left forehead with a large camera and that “the battery was not provoked in any manner.”

Police contacted two lawn workers who were in the area during the incident. The report states that both witnesses, through a translator, “independently of each other identified Schaberg as the aggressor” and told police that Schaberg punched Simonson as he was backing away.

Simonson was arrested but was immediately released from custody after witness statements supported his statements. He did not return a phone call seeking comment.

Police completed a probable-cause affidavit charging Schaberg with simple battery and false report of commission of a crime.

But Schaberg told the Longboat Observer that he believes the workers likely saw only the last part of the incident, and, therefore, couldn’t have a complete picture of what occurred.

Schaberg said he didn’t make the commission meeting on the night of the incident because he was receiving medical treatment for his injury. At the meeting, the commission approved an Outline Development Plan Amendment reconfiguring the dock on second reading.

Schaberg said Tuesday, Oct. 4, that he still has a black eye from the incident. He said that he had not heard an update on his or Simonson’s pending charges. He ultimately would like to see the entire matter dropped.

“I would hope that the state attorney would realize there are real things to worry about and not a couple of old guys causing a fuss in the front yard,” he said.

CORRECTION: The original article, which was published online Oct. 5, stated that Peter Simonson was charged with battery on a person 65 years of age or older. He was not charged with a crime and was released from custody immediately following witness statements that supported his statements.

 

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