Anna Maria receives 7 notices on Bert Harris claims

Florida’s Bert Harris Jr. Property Rights Act of 1995 may soon become familiar to islanders.

First on the mark with a letter of intent regarding a Bert Harris Jr. property rights action June 6 were Mark McClean and wife Kathy Hayes.

On June 11, the city received a notice that Erik Abrahamson will file a Bert Harris Jr. claim for four properties he owns in the city. Attorney Scott Rudacille of Blalock Walters, P.A., of Bradenton, represents Abrahamson.

That same day, the city received a letter from attorney Sean Kelly, an associate at Najmy Thomson, P.L., of Bradenton, representing the owner of 101 Willow Ave. and 881 N. Shore Drive, that his clients will file a Bert Harris Jr. action.

Percycoe said the letters are not lawsuits, but they do put the city on notice. The city can settle the owners’ complaints without legal action, she said.

Mayor SueLynn said the deadline to file a claim against the city with regard to the June 2013 passage of Ordinance 13-754 was June 8. “The letters were just to meet the deadline,” she added.

The subject ordinance changed the living space allowance of a single-family home and established living-area ratios for each level of living space.

Although no plans to add or change the living space at 101 Willow Ave. or 881 N. Shore Drive have been filed with the building department, Kelly claims the ordinance prevents his client from future earnings on the investment in the home.

“The ordinance decreased market value, income stream, and net present value of the property, and my client is entitled to damages for the loss of its reasonable investment backed expectations in the amount of $342,000,” he wrote.

The Willow Avenue property is owned by Shawn and Jennifer Kaleta and KPI 48th Street Development LLC. The North Shore Drive property is owned by Gulf View Retreat LLC, which is registered to Louis Najmy.

Rudacille said his client wanted to work with the city “in the spirit of cooperation” to achieve “the purpose of the ordinance as envisioned by the city.”

Abrahamson’s properties are at 104 Magnolia Ave., 607 N. Bay Blvd., 857 N. Shore Drive and 508 Spring Ave.

Kelly said his clients intend to file a lawsuit “in 180 days and collect damages, if necessary, unless the city makes my client a reasonable offer to settle this claim.”

SueLynn said she referred the notices to city attorney Jim Dye and had no comment.

The notice from McClean/Hayes asks the city to review a variance for an elevator at the couple’s home at 114 Tern St.

Commissioners at their June 12 work session agreed to give the owners of the properties that gave notice until June 26 to file for a variance to the LAR.

4 thoughts on “Anna Maria receives 7 notices on Bert Harris claims

  1. Kristine Reger

    It would have been helpful if the author of this article would have given the reader a short explanation of the Bert Harris Jr. Property Rights Act. We have been property owners on Anna Maria since 1997 and residents for 3 years and have never heard of that law.

  2. Concerned Citizen

    I was at City Hall during the meeting of Mark McClean and Kathy Hayes. Based on their case, which was a “No Brainer” to pass according to council weeks before, was surprisingly denied. From my understanding of attending the meeting, their plea was to ask for more space on the upper floor design on their planned renovations in order to house an elevator and wheel chair access for a possible further deterioration of a medical condition. Seems reasonable to ask to me. Watching Chuck Webb in action leading the less experienced councillors by the nose, explaining in his words what each legal point meant in his newly thought up checklist of voting was laughable. The mayor sat silent as did the lawyer, while Chuck Webb flexed his legal muscles and played kangaroo court, ultimately the vote led to a denial. And now the claimants will probably get a lawyer and cost the city more money in legal fees, when logically it should have been approved then and there and be done with it. But that’s beside the point.
    I wouldn’t bunch the other lawsuits together with the McClean and Hayes request. In my opinion, the other claims are just a money hungry, greedy, grab-fest at our expense. Shame on Erik Abrahamson, Shawn and Jennifer Kaleta and Louis Najmy. You have no idea how your greed for so called “lost income” is both disgusting and shameful. Stop trying to strong arm the city council and get a conscience! As developers and property owners it is all of our jobs to protect the island for future generations to enjoy within the guidelines of the city’s building codes. Learn to live with it and stop fighting it!

    1. larry zimmer

      I don’t think the islander should publish a letter to the editor w/o publishing the name of the writer. maybe the writer would be more civil if people who read his letter saw the name. if you are going to criticize someone you should have the courage to let them know who you are.

  3. Richard McNulty

    The City of Holes Beach will face dozens on Bert Harris law suits when its rent ristriction ordance takes affect.


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