The city of Anna Maria is asking 12th Circuit Judge John Lakin to step down from presiding over a vacation rental ordinance lawsuit.
With a 4-1 vote July 23, commissioners tasked Anna Maria Mayor Dan Murphy with making the request.
At a July 15 injunction hearing, requested by attorneys Kevin Hennessy and Jennifer Cowen, to stay a deadline on the city’s short-term vacation rental ordinance, Lakin said his wife used to work for Island Real Estate and, though she doesn’t work now, she still keeps her license there.
Island Real Estate is one of the named parties bringing the lawsuit against the city.
The other parties are Anna Maria property owners Timothy and Ayne 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; and the Anna Maria Island Vacation Property Association, 6101 Marina Drive, Holmes Beach.
The injunction temporarily halts the city from putting its short-term vacation rental ordinance into effect.
The ordinance was adopted April 9 and creates multiple restrictions on Anna Maria vacation rentals. It is planned to go into effect Jan. 1, 2016.
The injunction applies to an emergency amendment to the ordinance that created a special exemption for vacation rental contracts. As long as a rental contract effective on or after Jan. 1, 2016, was written on or before the April 9 adoption date, the rental unit would be exempt from the ordinance for the duration of the established contract.
Rental agents and owners had a July 15 deadline to file for the special exemption.
Hennessy and Cowen filed an emergency motion for an injunction July 14.
Lakin approved the temporary injunction until the attorneys for the plaintiffs and city could return for a second hearing.
Lakin said he would remain impartial to the case.
Murphy and Chair Chuck Webb attended the hearing, although neither of them had the authority to ask the judge to remove himself.
Murphy is a non-voting mayor, and Webb, as a lone commissioner, also did not have authority.
Webb, as an attorney, said he knew Lakin from previous hearings and believed he would act honorably and could separate work and family.
Murphy didn’t share Webb’s position, saying he had serious concerns. He said the judge poses a conflict of interest.
At the July 23 commission meeting, Webb remained resolute in his belief Lakin would remain impartial but, he said, he would stand with the commission’s decision. “We do have grounds to ask him to recuse himself,” he said.
Webb said Lakin would do the right thing if the city asked.
Anna Maria city attorney Becky Vose was tasked with drafting a motion to disqualify Lakin, and Murphy signed it July 24.
No date has been set for the second hearing.