The city of Anna Maria is facing another lawsuit.
The latest suit is from rental owners and agencies fighting the city’s vacation rental ordinance, adopted April 9.
The property owners are represented in the May 28 lawsuit by attorneys Kevin Hennessy and Jennifer Cowan of the law firm of Lewis, Longman & Walker of Bradenton. It claims the ordinance creates “an unworkable, arbitrary, oppressive and cost-prohibitive scheme” to prohibit the use of residential homes as short-term vacation rentals.
They’re claiming the restrictions created by the ordinance — number of guests, short-term parking, pool use and noise compliance, having an agent within a 30-minute distance of the property, and having to register for a rental license — will result in business hardships and cause the owners and agencies to lose business.
The group comprises Timothy and Ayne Kimberly Iafolla and Carol Roaldi, Salouh Florida LLC, 106 Los Cedros Drive, Anna Maria; Rysal Enterprises LLC of Bradenton; Seven Emeralds LLC, 803 N. Shore Drive, Anna Maria; Island Real Estate of Anna Maria Island Inc., 6101 Marina Drive, Holmes Beach; and the Anna Maria Island Vacation Property Association, headed by Larry Chatt of Island Real Estate, also listed at 6101 Marina Drive, Holmes Beach.
Their argument is based on a 2011 Florida statute that reads, “a local law, ordinance, or regulation may not prohibit vacation rentals…” They claim creating a regulation for short-term rentals is preempted in Florida.
They’re asking the 12th Judicial Circuit Court to issue an order allowing short-term rentals in the city and to award them attorney fees and court costs.
On June 2, Anna Maria city attorney Becky Vose, wrote to Hennessy and Cowan asking them to withdraw their lawsuit based on a June 1 decision on the Flagler lawsuit by 7th Judicial Circuit Judge Michael Orfinger.
Orfinger presided over the case of 30 Cinnamon Beach Way LLC and Vacation Rental Pros Property Management LLC v. Flagler County.
The case involves vacation rental owners and interested parties against a regulating ordinance.
In his written opinion, Orfinger decided on behalf of the Flagler County ordinance. It is his opinion that the ordinance does not prevent short-term vacation rentals.
30 Cinnamon Beach Way and Vacation Rental Pros Property Management have 30 days to appeal Orfinger’s opinion.
Anna Maria’s ordinance is based on Flagler’s ordinance. The two have similar regulations.
Vose’s letter also informed Hennessy and Cowan that if they did not withdraw their lawsuit by June 23, she would ask the court to reimburse the city its attorney fees.
Also June 2, Cowan filed a public records request with the city for audio files and minutes for the March 26, April 9, April 23, May 7, May 14 and May 28 commission meetings.
Anna Maria Mayor Dan Murphy declined to comment on the lawsuit.
