Longboat Key makes case against St. Regis arch

The town of Longboat Key has filed suit against the owners of one of the largest and exclusive resorts on the barrier island.

A lawsuit filed by the firm Garcia Dell and signed by attorney Martin Garcia asks the 12th Judicial Circuit Court of Florida for “permanent mandatory injunctive relief” to order the St. Regis Longboat Key Resort to remove the arch from its pier that has become the hot topic of the town. SR LBK and SR LBK II LLC are the plaintiffs listed on the suit.

Installed in August 2025, the stainless-steel arch that stands on a rehabbed groin was ordered removed by the town for violating several sections of the town’s code of ordinances. 

In November 2025, Unicorp, developer of St. Regis, requested the Town Commission consider altering the town's sign code to allow the arch. After that effort failed, the town gave the resort a deadline to remove the arch of 5 p.m. May 8 to bring it into compliance, which the St. Regis has not done. The town then filed suit May 15.

Jurisdiction

One of the main points Unicorp President Charles Whittall and lawyer Brenda Patten make when discussing the sign is that the private groin on which the arch is built extends into the Gulf. They argue that the permit the resort received for the sign from the Florida Department of Environmental Protection is all the permission needed to install the arch.

The town’s suit, however, argues against that point. A map is attached to the court filing that shows the town’s “territorial and jurisdictional boundaries” extending seaward far beyond the groin.

“The fact that the FDEP may also have jurisdiction over the groin does not mean the Town does not have concurrent jurisdiction such that its Code of Ordinances also apply as to any construction on the groin Field Permit fine print,” the lawsuit reads.

In its suit, the town argues that the "fine print" on the FDEP field permit further proves its point about FDEP's jurisdiction not superseding its own.

The field permit, attached to the suit and signed by Whittall in February 2024, states “the permit is valid only after all applicable federal, state, and local permits are obtained and does not authorize contravention of local setback requirements or zoning or building codes.”

Furthermore, the town’s suit points out that the developers sought a building permit from the town in 2022 for initial repairs to the groin even after applying for and receiving a “De Minimis Exception” from FDEP. By requesting a permit from the town for the repairs, the developers were “recognizing that the groin was within the town’s jurisdiction and that the rebuilding of the groin was subject to the Town’s Code of Ordinances.”

Next step

According to a summons issued to S.R. LBK, LLC and S.R. LBK II, LLC, written defenses are required to be submitted to the court within 20 days after service of the summons.