CHECKMATE?….
Dear Readers… We heard today news we did not expect this day…nope …no word on the reimbursement for overpayment due by 5 pm from the former Town Manager…
It was the news that the first 2 counts of the Bert j. Harris suit were dismissed without prejudice!…The Town Attys. informed the Commission with a 2 page letter and a copy of the order ..Readers will remember the Town went to court twice last month and were required to provide the court with a printed transcript…Mark Brown covered it in the By The Sea Future’s April edition…
The letter reads….
June 7, 2010
“Dear Mayor, Vice Mayor and Commissioners:
I am pleased to inform you that today, we received the attached order dismissing counts I and II of the above- referenced consolidated lawsuits against the Town without prejudice. Counts I and II are the two counts that were filed under the Bert J. Harris Jr. Private Property Rights Protection Act. They alleged that the Town deprived the plaintiffs of reasonably expected investment-backed rights to use their properties due to the adoption by the Town land development regulations which restrict height and sought compensation from the Town. Because theses Counts were dismissed without prejudice the plaintiffs could choose to amend them. Alternatively, the plaintiffs may attempt to seek to appeal the dismissals.
The Palm Yacht & Beach Club’s claims as to the sewers are remaining claims in the case. I have requested that an executive “shade” session be scheduled for June 8, 2010 in the Palm Club case so that my partner Dan Abbott and I can obtain your advice on the case.
Please do not hesitate to contact me if you have any questions regarding this matter.
Respectfully submitted, Susan L. Trevarthen”
The order was signed by The Honorable Mily Rodriguez-Powell on June 4,2010.
BC- Timing is everything…as soon as this writer received the word…I received a call from my old friend John Thompson who was the first I relayed this info to…It was John (not McIntee) who felt there was no reasonable impact for these properties not to build up to 15 stories…something he wrote about extensively in the first defunct By the Sea Times…..when he showed the economics when compared to low rise construction such as the Oriana -Minto properties and the lessened setback requirements…along with the growing desires of younger buyers preferring low- rise condos as opposed to hi-rises…
As far as the sewers for palm Club to be decided…as this writer posted previously…that might be tricky…the Town showed good faith in the project before the cat got out of the bag (prev. posts) with former Mayor Parker dropping the “private property” ball pre- the 2008 election due to sour grapes of not being backed to run again for Mayor …The Town spent over $200,000 in getting ready for the project to be next in line …last of the properties promised in the annexation …The Town did spend money to do Sunset Lane which was also a private street…The Town tried to get around the private property hitch by using the environmental angle for the “greater good” of LBTS …That fell on deaf ears for many including this writer due to Sea Ranch Lakes having septic with no intention of removing it …as well as the findings that septic well maintained posed no threat… The contention from the Town is the Town’s obligation has been completed as the hook-up for the sewer line comes on A1A to the private property (Palm Club is a “horizontal condo”)…as required in the agreement…This will be discussed further in shade session we surmise …
All in all…looks like the Bert J. Harris has been played out… Checkmate?…
more to come….
Tags: Lauderdale By The Sea Has Bert J Harris Cases Dismissed Without Prejudice, local government, Local Politics, Scoops
