Christmas came early for Anna Maria.
The plaintiffs against the city’s short-term vacation rental ordinance filed a motion for dismissal without prejudice Dec. 8 to end their five-month lawsuit.
The dismissal also dissolves the temporary injunction against the VRO and stipulates the parties involved will be responsible for their own legal fees.
Commission Chair Doug Copeland and Commissioners Dale Woodland and Carol Carter voted unanimously Dec. 8 during an emergency meeting at city hall to accept the dismissal proposal on the recommendation of city attorney Becky Vose.
Commissioners Nancy Yetter and Chuck Webb were absent.
With the injunction out of the way and the lawsuit dropped, the city will enact its VRO April 1, 2016.
“This is a really good result,” Vose said, in a conversation via speakerphone Dec. 8. But, she warned, the terms of the dismissal allow the plaintiffs to file suit again.
Larry Chatt, president of Anna Maria Island Vacation Rental Property Association, said the association and other named plaintiffs felt continuing the lawsuit would be a waste of money for both sides.
“We have a better rental ordinance through collaboration with the city,” Chatt said. “We hope to remain active in helping all the cities on the island plan for continued tourism growth.”
The association and other rental property owners filed a grievance against the city May 22, six weeks after the VRO was adopted.
Meanwhile, the city adopted two amendments to the VRO.
The initial ordinance imposed specific rules against rentals, singling the properties out from homesteaded properties and long-term rentals. Those restrictions prompted short-term rental owners to sue.
“Now we can move on,” said Anna Maria Mayor Dan Murphy.
Chatt said, “I wish I could say I was optimistic this is where the story ends.” He said a lot of property owners feel the ordinance strips their rights.
“Time will tell where those arguments take us,” Chatt said. “I wish I was optimistic this is where the story ends.”
After the vote, Copeland thanked all for their work, adding, “Good luck to the mayor and code enforcement department. Now you’ve got your work cut out for you.”
2nd lawsuit pending
A second lawsuit against the VRO is pending.
Pine Avenue Restoration sued the city July 28. Its complaint maintains the April 9 ordinance violates previously established exemptions for the city’s retail-office-residential district.
When the amended VRO was adopted Nov. 19, all regulations against the ROR were removed.
A “request for admissions” was filed Dec. 9 with the Manatee County Clerk of the Circuit Court by PAR attorney Andrea Flynn Mogensen.
The request asks the city to admit the ordinance “does not apply to any parcel or property belonging to PAR or located within the ROR district.”