“I don’t know what I’m supposed to make a decision on,” said 12th Circuit Judge Gilbert Smith Jr. during an Oct. 21 motion hearing on Anna Maria’s short-term vacation rental ordinance.
Smith said this to attorneys Becky Vose for the city and Kevin Hennessy and Jennifer Cowan for the plaintiffs several times during a three-hour hearing at the Manatee County Judicial Center, 1051 Manatee Ave., Bradenton.
“This case is all over the place,” he said, calling the timeline confusing.
Smith took up three motions Oct. 21. He clarified no changes to the ordinance under the temporary injunction, continued the city’s motion to dissolve the injunction and denied a motion to dismiss the plaintiff’s complaints. He also ordered the parties to mediation.
The case stems from Anna Maria’s vacation rental ordinance adopted April 9 and amended June 11.
The VRO, which doesn’t go into effect until January, was adopted to regulate vacation rentals. The emergency ordinance created an exemption for rental agreements written before April 9.
The lawsuit was filed May 22. The plaintiffs, represented by Hennessy and Cowan of Lewis, Longman and Walker, are a group of rental property owners, real estate agencies and the Anna Maria Island Vacation Property Association, which includes 10 rental agency members, comprising a number of rental property owners.
On July 15, 12th Circuit Judge John Lakin presided over an emergency hearing of the VRO. He ordered a temporary injunction and ordered the parties to maintain status quo until a full hearing.
Lakin declared a conflict and stepped down, which left Smith with case. He first heard motions Sept. 9.
Between hearings, the city amended its VRO Sept. 2 in response to the plaintiffs complaints.
At the Sept. 9 hearing, Vose and Hennessy argued over the meaning of “status quo.” Could the city amend the ordinance while the lawsuit was pending or must the city wait for the court process to play out?
“I can’t speak for Judge Lakin, but rarely do I order an injunction without meaning everything stops,” Smith said Oct. 21, adding that the injunction appeared nonexistent “because the status quo has changed.”
Smith said under the temporary injunction, which remains in place, “everything needs to stop. No more changes.”
Smith continued the motion to dissolve the temporary injunction and denied the city’s motion to dismiss the plaintiff’s complaints.
Smith also wrote an order Oct. 22 for the two parties to take part in mediation within 20 days and to resolve some of their issues.
Anna Maria Mayor Dan Murphy agreed to push back the deadlines for the city’s rental license applications, which would then push back enforcement of the ordinance.
The application deadlines can be found on the city’s website at www.cityofannamaria.com, although the information soon may change.
Smith is tentatively scheduled to preside over a trial on the matter in November.
License fees set
The city of Anna Maria announced the fees for its short-term vacation rental license Oct. 22 at a city commission meeting at city hall, 10005 Gulf Drive.
The $750 annual fee will allow rental agents and owners to purchase a rental license to rent properties as vacation rentals.
The mayor also presented prices for license modifications and re-inspections. If a rental property changes owners, the city will charge $75. If a home has to be re-inspected for safety and compliance, Murphy proposed a fee of $225.
He said the re-inspection fee was based on information he received from M.T. Causley — the company that provides the city’s certified building official — and their hourly rate.
A renewal fee wasn’t determined. Murphy said it was something the commission would have to decide on in 2017, when the original licenses would begin to expire.
Commissioners voted unanimously to approve the resolution.