On behalf of Sandpiper Resort Co-op, local attorney Charles H. Webb filed a motion June 15 to nullify the effect of a recent lawsuit served on Sandpiper Co-op Resort Inc. in Bradenton Beach.
Holmes Beach filed suit in the 12th Judicial Circuit Court against the Sandpiper — the nonprofit association representing 120 owners in the mobile home park — and the city of Bradenton Beach last month, seeking to void Bradenton Beach’s 2008 quitclaim to Sandpiper of 27th Street, at the border of the two cities.
Webb’s motion asks the court “to quash service of process” because “Doug Lefevre is not the registered agent or officer of any corporation named Sandpiper Co-Op Resort Inc.” It also states there is no such Florida nonprofit corporation as named by the city of Holmes Beach in the suit.
The Florida Department of State Division of Corporations lists the nonprofit as “Sandpiper Resort Co-Op Inc.”
The Holmes Beach lawsuit asks the court to declare the street — running east of Gulf Drive to Sarasota Bay on the north side of the park — a public right of way.
The suit seeks a court order requiring the Sandpiper to remove the gates and private property signs from the fence, and a portion of the fence to provide access from an adjoining Holmes Beach alley to 27th Street.
The court assigned Judge Diane L. Moreland to the case.
Attorneys for the two cities agreed June 1 to extend the time allowed for Bradenton Beach to respond to the complaint. A stipulation, signed by the respective city attorneys, gives Bradenton Beach until July 6 to file its answer or other response.
As of The Islander’s presstime, no responsive pleading by the city of Bradenton Beach had been filed.
The dispute first arose in December 2008 when Holmes Beach learned of the impending Bradenton Beach quitclaim deed and an ordinance in support of the conveyance.
While Holmes Beach commissioners dropped the matter shortly after it advised Bradenton Beach of its objections to the quitclaim deed, the issue arose again last summer when the Sandpiper erected a fence, installed gates and posted no trespass signs along the border.
Settlement discussions and meetings between the cities in the fall last year failed to resolve the conflict.