Although Circuit Court Judge Peter Dubensky ordered mediation in the lawsuit brought by William and Barbara Nally against Anna Maria, a hearing on a Nally motion to dismiss Pine Avenue Restoration LLC’s affirmative defense as an intervenor is scheduled for 2 p.m. Wednesday, April 6.
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 completed and occupied by tenants. PAR was invited to intervene by the city, and was granted status as a co-defendant by Dubensky in February 2011.
Depending on the results of the mediation, Dubensky has ordered a non-jury trial during a two-week period that starts at 8:30 a.m. June 13 at the Manatee County Judicial Center.
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, resulted in the present density of 8.7 units per acre, higher than the six units per acre they claim are allowed by the comprehensive plan.
The Nallys also claim the project at 216 Pine Ave. has a detrimental affect on their “health, safety and welfare.”
The Nallys own a home-rental accommodation on Spring Avenue and reside in Lakeland.
Anna Maria’s response to the Nallys is that the smaller lots used by PAR for 216 Pine Ave. are grandfathered for use by the city and the density calculation method was accepted by the Florida Department of Community Affairs in July 2010 as consistent with the city’s comprehensive plan.