13 new Bert Harris claims filed against Holmes Beach

Nearly $6 million in Bert Harris claims fell March 6 on the desk of Holmes Beach Mayor Bob Johnson.

Thirteen new claims invoking the Bert J. Harris Jr. Property Rights Protection Act now join 21 pending claims filed by property owners against Holmes Beach since 2014.

As of March 9, the city faced $12.5 million in alleged losses.

Each claim asserts the city inordinately burdened property rights by imposing restrictions on resort housing in a VRO ordinance passed in September 2015.

Most claims allege losses in reasonable-investment backed expectations due to the VRO, including occupancy limits of two people per bedroom or six people, whichever is greater, as well as restrictions on parking, pool sizes and building footprints.

Attorney Aaron Thomas of Najmy Thompson LP of Bradenton filed these new claims:

  • 102 77th St., Gulf Front Paradise LLC, $900,000, building code restrictions, eight bedrooms.
  • 102 77th St., Gulf Front Paradise LLC, $1.42 million, occupancy, eight bedrooms.
  • 108 78th St., Shawn Kaleta, $1.195 million, occupancy, and restrictions to footprint, pool size and parking, 12-bedrooms, two-unit duplex.
  • 111 81st S., Brian Wien, $220,000, occupancy restrictions, five-bedrooms.
  • 118 50th St., Unit A, Robert and Michele Carl, $400,000, occupancy, six-bedrooms.
  • 121 49th St., Shawn Kaleta, $176,700, construction restrictions on reduced footprint, living area, pool size, driveway width and parking limits, plans for six bedrooms.
  • 121 49th St., Shawn Kaleta, $280,000, occupancy limits for six bedrooms.
  • 132 50th St., Unit A, Coral Escape of Holmes Beach LLC, $240,000, occupancy, six-bedrooms.
  • 203 N. Harbor Drive, Coral AMI LLC, $205,000, occupancy, five-bedrooms.
  • 303 56th St., 56th St. Cottages LLC, $390,000, limits on habitable area, footprint, pool size and parking, property to be redeveloped.
  • 303 56th St., 56th St. Cottages LLC, $1.22 million, occupancy, property to be redeveloped.
  • 312 61st St., David and Diana Geudtner, $170,000, occupancy, three-bedrooms.
  • 4805 Second Ave., Unit B, $275,000, $275,000, occupancy, four-bedrooms.

When a government entity receives a Bert Harris claim, state law requires a response within 150 days.

The response can be a settlement offer or a letter of no change in the alleged governmental interference. To date, the “no change” letter has been the only response from Holmes Beach.

After the 150-day response period, a claimant can file suit.

Of three Bert Harris lawsuits filed against Holmes Beach, litigation over the 2-bedroom VRO limit at 306 Clark was dropped March 6.

In the case of Bob and Ellen McCaffrey and their home at 7003 Holmes Blvd., a city motion to dismiss or strike is set to be heard at 3:30 p.m. Tuesday, March 28, at the Manatee County Judicial Center, 1051 Manatee Ave. W.

City commissioners are expected to consider three “no-change” letters pertaining to 4804 Gulf Drive, 211 54th St. and an additional claim for 7003 Holmes Blvd., at 6 p.m. Tuesday, March 14, at city hall, 5801 Marina Drive.

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