The appeal ended before the battle began.
The 2nd District Court of Appeal came out Oct. 28 in favor of the city of Holmes Beach, denying the owners of a two-story structure built in an Australian pine without city or state permits their appeal hearing.
The decision upholds the city code enforcement board’s call for the tree house owner’s compliance or its removal.
According to attorney Jim Dye of Dye Deitrich Petruff & St. Paul, on behalf of the city, the 2nd DCA considered the tree house owners’ latest motion “unauthorized.”
The tree house owners issued a Nov. 1 statement saying they were disappointed in the court decision, adding they intend to pursue a citywide referendum and they hope the city will cooperate.
In the filing against the motion, Dye said the full-court review requested by the tree house owner’s attorney, David Levin, was merely repetitive of relief already denied by the 2nd DCA.
The motion was Levin’s third failed request to the 2nd DCA.
“I think it has flat-lined for sure,” Dye wrote in his email to the city.
Lynn Tran and Richard Hazen built the two-story tree house in 2011 at the small beachfront accommodation they own, Angelinos Sea Lodge, 103 29th St., spending an estimated $50,000 and igniting city code, state environmental and circuit court cases.
The owners filed the DCA appeal in October 2014 to reverse 12th Circuit Court Judge Janette Dunnigan’s decision that affirmed a July 2013 city decision against the tree house.
The latest motion argued that Dunnigan did not follow court precedent requiring good faith reliance to decide claims that the city misdirected Tran and Hazen about the need for a permit.
Dye disagreed, contending the court found Tran and Hazen’s reliance on the city’s advice unreasonable, and therefore did not show good faith.
About time – If the Plaintiffs had won – you might as well eliminate zoning codes, Building Codes, and Wetlands Codes.
Everyone who supports these people to keep their tree house, should show up and block any attempt at removing it! Theres enough old biddies trying to tell others what they can and cant do around this bleeped up state!