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Date of Issue: March 17, 2005

Mackey disputes Shubin - again

Lawyers on both sides of the Frank Davis variance issue at 5622 Marina Drive in Holmes Beach are battling again.

In the latest salvo delivered to the city March 12, attorney Peter Mackey, representing Davis, has asked the city to take no action on a March 4 appeal by attorney John Shubin on behalf of adjacent land owners Ruthanne McLean and Barbara Coloney of the board of adjustment's Feb. 18 decision to grant Davis a lot-width variance.

Mackey claims that according to the city's land development code, "only an applicant or building official may appeal the board of adjustment's decision to the city commission."

Since neither McLean or Coloney is either the applicant or the building official, Mackey requested that the city dismiss the appeal.

Mayor Carol Whitmore said Attorney Mark Singer, who is acting as city attorney in this matter, is studying the McLean/Coloney appeal and Mackey's letter, and will give an opinion to the city as soon as possible.

Shubin already has two lawsuits filed against the city over the Davis issue, while Mackey, not to be outdone, has one lawsuit against the city over the same matter, and another legal action against McLean/Coloney.

Davis has a four-bedroom structure at 5622 Marina Drive that is used as rental units for the Harington House Bed & Breakfast facility at 5620 Marina Drive.

Davis wants to move the current building to the Harrington House, then build a four-unit condominium at 5622 Marina Drive property, a project opposed by McLean/Coloney.