Mediation ordered for Nally v. Anna Maria

Circuit Court Judge Peter Dubensky recently ordered all parties in the William and Barbara Nally v. Anna Maria lawsuit to attend a mediation hearing to determine if the suit can be settled without a trial.

Dubensky issued his order Feb. 16 and gave the parties — the Nallys, the city and Pine Avenue Restoration LLC — 30 days to agree on a mediator.

Pine Avenue Restoration LLC was granted intervenor status in the case by Dubensky.

The Nallys sued Anna Maria in March 2010 for the city’s approval of a PAR site-plan for 216 Pine Ave., which is now built and occupied by tenants.

If a satisfactory mediation of the lawsuit cannot be reached, Dubensky ordered a non-jury trial to be held within a two-week period that starts at 8:30 a.m. June 13 at the Manatee County Judicial Center.

At the same time as the judge’s orders for mediation and a non-jury trial, the Nallys filed a motion seeking to strike PAR’s affirmative defense of the suit, which is based on requiring the Nallys to name PAR as an indispensible party.

Dubensky scheduled a hearing on that motion for April 6.

The Nallys allege in their lawsuit that the city’s method of determining density when it approved the PAR site plan for 216 Pine Ave. should have been calculated “on individual parcels.” That method, the Nallys claim, puts the density at the PAR site at 8.7 units per acre, higher than the six units per acre they say are allowed by the comprehensive plan.

In addition, the Nallys claim they are “an aggrieved party” and the complex built by PAR at 216 Pine Ave. affects their “health, safety and welfare.”

Anna Maria’s response to the Nally claims is that the smaller lots that make up the development at 216 Pine Ave. are grandfathered for use by the city and its density calculation method was accepted by the Florida Department of Community Affairs as consistent with the city’s comprehensive plan.

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