The city of Holmes Beach may find itself on another court docket, alongside Mayor Carmel Monti and former superintendent of public works Tom O’Brien.
A certified letter received at city hall Sept. 2 from David P. Johnson, of David P. Johnson Law in Sarasota, included a pre-suit notice naming the city of Holmes Beach, Monti and O’Brien.
The notice stated a complaint will be filed regarding a property at 626 Key Royale Drive, on behalf of Kathleen C. Morgan and Leah Marie Enterprises LLC in the Manatee County 12th Judicial Circuit Court.
It cited “gross negligence involving bad faith, malicious purpose and wanton and willful disregard of rights and properties; vicarious liability … (regarding) licensure of Mr. O’Brien and city personnel; intentional interference of a business relationship; Harris Act; defamation per se involving Mayor’s … statements that he was happy the property may be demolished … and civil conspiracy.”
The notice also was sent to the Florida Department of Financial Services.
Johnson plans to pursue a cause of action under the Bert Harris Jr. Act because the rules and regulations applied by the city “inordinately burdened the property.” The implied lawsuit seeks damages on behalf of Morgan in the amount of $319,479.
O’Brien sent Morgan a notice of violation in December 2013 saying the property appeared to be in “substantial violation of applicable codes and ordinances,” for performing work beyond the scope of the proposal, which triggered a classification of “substantial structural damage” and “substantial improvement,” meaning the new structure had to comply with all state building codes including flood elevation.
O’Brien issued a stop-work order that same month.
Morgan petitioned the Florida Building Commission in March regarding the interpretation of several of O’Brien’s claims, writing in the petition “respectfully the petitioner sees no basis for this suggestion,” and “this is matter of reoccurring significance in … Holmes Beach, the city has consented … bringing this matter to the building commission for guidance.”
O’Brien, who resigned from the city in July, responded in June to the declaratory statement from the building commission requesting a new application for construction at the property and that the declaratory statement did not address all the violations listed in the notice Morgan was contesting.
Morgan sent a letter to Monti in May to attempt to “resolve the dispute with the city” regarding the December 2013 stop-work order and the written rejections of her building permits.
Morgan wrote that seeking a declaratory statement from the building commission was agreed upon between her and city staff including O’Brien and city attorney Patricia Petruff. However after two reviews processes completed in April, no one from the city participated.
She stated the building commission’s vote was 28-0 in her favor, and against the city’s written rejections interpretation of definitions in the building code. She listed several unsuccessful attempts to resubmit a building application until eventually she was told it was received.
She stated she paid the city a standard building department fee of $100 to consult with O’Brien. The first scheduled meeting was canceled and rescheduled. The rescheduled meeting was also canceled by the city.
Johnson noted the defamation complaint against Monti concerned comments he made in a city commission meeting, which were quoted in local papers, “that he was happy the property may be demolished due to real estate broker Morgan’s alleged substantial violation by a 100 percent improvement in excess of a 30 percent rule.”
Petruff did not reply to an Islander email inquiry press time.
The house in question is one of the least expensive on AMI, much less Key Royale. As with other AMI houses, the same contractor has broken FEMA’s 50% rule multiple times so it is not surprising that the Key Royale house has the same problem. What’s astounding and unbelievable is the homeowner’s claim of ignorance.