Legal fees exceed settlement payment in Longboat forfeiture case

Longboat Key paid more in legal fees than it collected in a settlement with the owner of a condominium the town tried to seize in a civil proceeding connected with more than a dozen counts of video voyeurism.

Legal fees for the town in its pursuit of seizure and forfeiture of 623 Cedars Court totaled more than $38,000, town records show. The town in the past several weeks finalized a settlement in the case in which property owner Wayne Natt agreed to pay the town $30,000.

Natt pleaded no contest to 14 counts of video voyeurism in a plea deal that landed him 364 days in jail, three years of probation and inclusion on the state’s sex offenders list. He was accused of hiding cameras in his condo and secretly video-taping guests who stayed there, some of whom booked short-term rentals through online services such as Airbnb.

“The town wanted to send a message,” said Town Manager Tom Harmer. “We met our goal to say, ‘This isn’t acceptable on Longboat Key.’”

Ed Zunz said that while he voted against the civil litigation because he didn’t have enough information, was concerned about  town reaction and how much it would cost,he said “it worked out alright.” 

“I think the settlement was a reasonable thing to do and the right thing to do and I think the message we wanted to send was in fact sent,” Zunz said. “I think we succeeded in making the point we wanted to make, so therefore it was not an exercise in vain, I think it justifies itself on final analysis.”

Town commissioners decided a settlement offer would be the best course at a May 22 meeting held privately because it was a matter of attorney-client privilege. 

Records of that and previous private meetings are public now that the case is settled.

The decision to pursue a settlement followed a special counsel’s description of the hurdles the town may face in further litigating the case against Natt’s property. Those hurdles included his claim of homestead exemption for his property at 623 Cedars Court, which had been recorded in 2017, and a potential Eighth Amendment defense against excessive fines.

Town commissioners were also advised of the Florida Supreme Court’s high regard for homestead claims.

“‘We want to get out of this scenario,’” Harmer said in summary of commission comments at the May 22 closed-door meeting. “‘We want to minimize our costs, and we’d like to try and find the best settlement, whatever that would be. ...’”

The deal accepted June 29 by the 12th Judicial Circuit Court.

Emails show the town initiated talks about a settlement and proposed early this year that Natt pay the town $100,000 to settle. Natt, through his attorney, made a $5,000 counteroffer, emails show.

Emails show that Natt offered the $30,000 settlement sum, which the town accepted. 

Natt’s property, a two-story, one-bedroom, two-bath condo with about 1,200 square feet of living area, is appraised at $170,850, Manatee County Appraiser’s records show.

Police Chief Pete Cumming said he was not involved in the financial side of this case, although he did offer asset forfeiture as a tool for former Town Manger Dave Bullock to consider last fall as the criminal case unfolded. 

“If I ever become part of that machine that goes after the financial end of this thing, then it becomes policing for financial gain,” Cumming said. “It’s not about punitive motives, it’s not about money, but it’s saying this is over the line and we will not tolerate it.”

This litigation began in November 2017 when the Town Commission voted 4-3 in favor of pursuing litigation to take Natt’s property. The yes votes were Irwin Pastor, Jim Brown, Randy Clair and Jack Daly. Voting no were then-Mayor Terry Gans, current Mayor George Spoll and Zunz.

Following a Nov. 6 presentation before commissioners by town attorney Maggie Moone-Portale, Bullock said:  “This wouldn’t be before you and the town attorney if it was not fully supported in this case by the police chief and myself.’’

Seizing a home has happened just once before since 2001 in almost 300 forfeiture cases across Sarasota and Manatee counties, according to a Longboat Observer analysis. 

Most of the cases involved vehicles or cash.

None involved Longboat Key.