Thank you for visiting The Islander Newspaper Online.

We are currently updating our website to provide you better service and function.
If you would like to access the new site, please, click here: The Islander Newspaper

Sorry for any inconvenience. Our new site and service will resume shortly.

Web Master

The Award Winning & Best News on Anna Maria Island, FL Since 1992

"The Award Winning & Best News on Anna Maria Island, FL Since 1992"

Thursday, Nov, 27, 2014
Florida Press Assn. Award-Winning Web Site
Home Latest News Weather Sports Real Estate Classifieds Island Guide Islander Store

 SECTIONS

 • 

Main News

 • 

Classifieds

 • 

Opinions

 • 

Streetlife

 • 

Calendar

 • 

Fishing

 • 

Sports

 • 

Real Estate

 • 

Obituaries

 • 

Weather

 Features

 • 

Cortez Cook Off: The Results

 • 

Anna Maria Island Bridge FDOT replacement bridge

 • 

National Hurricane Center (Atlantic)

 • 

Advanced Search

 • 

I love AMI

 • 

Mystery Story

 • 

Fishing Laws

 Classifieds

 • 

Classifieds Page

 • 

Place An AD

 • 

Items for Sale

 • 

Garage Sale

 • 

Estate Sale

 • 

Announcments

 • 

Lost & Found

 • 

Pets

 • 

Transportation

 • 

Boats & Boating

 • 

Fishing

 • 

Kids 4 Hire

 • 

Help Wanted

 • 

Health Care

 • 

Services

 • 

Lawn & Garden

 • 

Landscaping

 • 

Home Improvement

 • 

Business Opportunities

 • 

Rentals

 • 

Real Estate

 Weather

 • 

Today's Forecast

 • 

10 Day Forecast

 • 

Today's Tides

 • 

Emergency e-mail

 • 

Storm Watch

 Archive

 • 

News Archive

 • 

2009 Top Notch Gallery

 • 

2008 Top Notch Gallery

 • 

2007 Top Notch Gallery

 • 

2006 Top Notch Gallery

 • 

2005 Top Notch Gallery

 • 

2004 Top Notch Gallery

 Useful Links

 • 

Island Links

 • 

i.wed

 • 

Islander Store

 • 

About this Site

 Contact Us

 • 

Islander Store

 • 

Subscribe

 • 

About Us

 • 

e-mail us

Story Tools

Date of Issue: September 16, 2009

Court dismisses suit against city

A county circuit court judge closed the case on a lawsuit filed by Holmes Beach property owners against the city.

The recent action allows for a judge to take up a foreclosure complaint by the city against William and Dianne Sorg, owners of a duplex in the 3700 block of Gulf Drive.

The city moved to foreclose on the property because the Sorgs owed about $28,000 in fines associated with a code enforcement ruling dating back to August 2003, when city officials expressed concern about a missing railing on a second-floor balcony on the building. Further review of the property had found that there was no rental license on file with the city, and later, the city raised concerns about repairs made to the property without a permit.

By the summer of 2004, the matter was before the city code enforcement board, which eventually made four findings of fact: Repairs at the duplex were made without a properly issued building permit; without a permit there was no inspection to ensure proper repair; the Sorgs had repeatedly been told they needed a permit; and “the city must maintain respect for its permitting system among all property owners.”

The code enforcement board levied a fine — $30 a day “for every day the violation continues on the property.”

After learning that the $30-a-day fine associated with the property had accumulated through May 2007 to a $28,000 debt, city commissioners instructed their attorney to begin foreclosure proceedings, which occurred Nov. 21, 2007.

The Sorgs then filed a complaint against the city challenging the fine and the lien against their property.

But Circuit Court Judge Edward Nicholas, following a hearing in late August, granted a motion made by the city to dismiss the Sorg complaint.

In his order, Nicholas noted that the Sorgs did not avail “themselves of the right to appeal the final administrative order of the code enforcement board to the Holmes Beach City Commission within 30 days following its entry, in order to contest its validity.”

Nor did the Sorgs “seek certiorari review of any of the actions of defendant’s code enforcement board,” Nicholas wrote.

“As a consequence, the defendant’s motion to dismiss counts I-III of the … complaint on jurisdictional grounds is due to be granted.”

Have your say:

No comments for this page. Feel free to be the first

Username:

Contact:

(email or url)

Subject:

Your View:

Please enter the security code below:

security  

Get breaking news

Follow the Islander on TwitterBecome a fan of The Islander on Facebook

Sign up to receive breaking news alerts via e-mail. We'll send you a notice when the news and classifieds appear online every week, before the print edition hits the streets.

Click here for Gulf oil spill updates related to Anna Maria Island.

Historic Anna Maria City Pier Plank Walk

Put your name, your message, your memorial on the Historic Anna Maria City Pier prior to the Pier Centennial Celebration! And join the fun!

CLICK HERE for Stoltzfus e-mails and related court documents.


FREE Island
Vacation Guide:
get it here

Cortez Cookoff

Click here for 2010 Cortez Cookoff Winner and recipes

To advertise here, please
visit our rates page
or contact us at:
sales@islander.org
Phone: (941) 778-7978
Fax: (941) 778-9392

Back to top of Page

Home | Weather | Real Estate | Classifieds | Archives | Contact | Island Links
Islander Store | Subscribe About this site | Classifieds Page | Place an Ad
For Sale | Garage Sales | Announcements | Lost & Found | Pets | Transportation
Boats & Boating | Fishing | Kids for Hire | Help Wanted | Health Care | Services
Lawn & Garden | Landscaping | Home Improvement | Business Opportunities | Rentals | Real Estate

Our Privacy and Copyright Statements © 1992 - 2009, The Islander