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One Park attorney calls reopened state inquiry 'baseless'


The breezeway over Quay Commons in the proposed One Park development. A transfer of air rights to the developer is being challenged in 12th Judicial Circuit Court.
The breezeway over Quay Commons in the proposed One Park development. A transfer of air rights to the developer is being challenged in 12th Judicial Circuit Court.
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The Florida Department of Law Enforcement reopening last week the preliminary inquiry into alleged improper contact between an investor in the proposed One Park development in The Quay and a member of the Planning Board has the developer crying foul.

Within hours after the Observer reported on May 10 that a letter received by Sarasota Police Chief Rex Troche from the FDLE stated the inquiry had been closed, the agency confirmed it had reopened the case after it received new evidence. Since it was proposed, the project has been vigorously opposed by some residents of the Ritz-Carlton Residences, the only currently occupied building in The Quay. 

An attorney for One Park developer Property Markets Group called the introduction of new evidence after the inquiry was closed a delay tactic by opponents of the project.

“It is clear that those making these baseless allegations are doing so in hopes that it will continue to delay this project,” said Jason Stearns, an attorney with the firm Smith, Gambrell & Russell, which has an office in Tampa. “Our clients have been the victims of a witch hunt motivated by individuals who want to halt the benefits to Sarasota that will come about through The Quay project. These baseless accusations have been proved false time and time again.”

Sarasota attorney Morgan Bentley, who represents the Ritz-Carlton Residences group — collectively known as Block 6 — said he is unaware of why the inquiry was reopened.

“I know nothing about the new evidence,” Bentley said. “It was as much as surprise to all of us as it was to anyone else. I still don’t even know what it is or what it might relate to, so I am waiting just like everyone else.”

A spokesperson for FDLE declined to describe the new evidence presented.

As long as the state investigation remains open, One Park’s general development plan amendment request will not be heard by the planning board. Dan Kaplan, managing partner of PMG, called the ongoing investigation baseless.

“We maintain our stance that this so-called investigation has no merit and we look forward to being able to quickly put it behind us,” Kaplan said. “Just as the other investigation concluded no evidence of wrongdoing, this will, too. There is a handful of individuals whose goal is to eliminate forward growth in Sarasota no matter what. We will continue to fight back and call this behavior out when we see it.”

Bentley said the investigation was warranted.

“The city did the right thing under the facts and circumstances to ensure the public’s confidence in the development process by pausing One Park’s development application while FDLE conducted its preliminary investigation,” he said. “Legitimate questions arose from those facts and circumstances that warranted review.”

In addition to continuing challenges to the Planning Board public hearing, One Park and Block 6 have an August court date, when 12th Judicial Circuit Court judge Hunter Carroll will determine whether master developer GreenPointe has the authority to convey the air rights over Quay Commons to PMG, a necessary component to developing One Park as proposed.

 

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Andrew Warfield

Andrew Warfield is the Sarasota Observer city reporter. He is a four-decade veteran of print media. A Florida native, he has spent most of his career in the Carolinas as a writer and editor, nearly a decade as co-founder and editor of a community newspaper in Mecklenburg County, North Carolina.

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