A judge Jan. 15 gave attorneys in Michael Bazzy’s lawsuit against the city of Bradenton Beach another four days to submit written arguments to the court.
Twelfth Judicial Circuit Court Judge John Lakin heard oral arguments from three attorneys and gave them until 5 p.m. Tuesday, Jan. 19, to submit written arguments. He said he would rule by 5 p.m. Wednesday, Jan. 20, on a motion for a temporary injunction to prohibit Paradise Boat Tours Capt. Sherman Baldwin, a sub-lessee on the Historic Bridge Street Pier, from opening his concierge business in a pier kiosk.
The Jan. 20 edition of The Islander went to press before the deadline for the judge’s ruling.
Baldwin said Jan. 6 he intended to open the business Jan. 18.
Bazzy’s attorney, Nelon Kirkland of the Bradenton-based Harrison, Kirkland, Pratt & McGuire law firm, contends Baldwin, a co-defendant in the lawsuit, should not be allowed to occupy a unit on the pier until the court determines whether the city violated Florida’s Government-in-the-Sunshine Laws in its lease negotiations with Horne.
While Bazzy, owner of Bradenton Beach Marina, Bradenton Beach Mayor Bill Shearon and AMOB restaurant owner John Horne — and their attorneys — were in court for the injunction hearing regarding Baldwin, the tour boat captain was absent.
Kirkland filed the motion for a temporary injunction Jan. 7, after the court found Baldwin’s company, Tevatan LLC, in default on Dec. 23.
In court Jan. 15, Kirkland focused on his argument that the city violated the Sunshine Law in its negotiations with Horne.
“We are talking about transparency in this case,” Kirkland said, adding that it’s about keeping government officials from cutting side deals.
After negotiating with the city to manage the restaurant plus the two rental units on the pier, Horne subleased one unit to Baldwin and one to two other local businesses that share their unit. Bazzy sued the city, Horne and all three sublessees, alleging the city negotiated with Horne in secret and denied Bazzy the opportunity to bid — as allegedly promised — on one or both of the retail units.
The defendants who share a unit were unnamed in Bazzy’s lawsuit. Baldwin chose to ignore the lawsuit, he said, on advice of his attorney. However, he said he would participate if subpoenaed for a deposition.
Fred Moore, representing the city from the Bradenton-based Blalock Walters law firm, said city officials do not believe they committed a Sunshine Law violation. Even if one was committed, he said, it was cured in a subsequent city meeting.
Moore added that preventing Baldwin from occupying the kiosk would injure the city because it could prevent Baldwin from paying rent to Horne, who has the master lease with the city.
Horne’s attorney Andre Perron, also with Barnes Walker, argued that Bazzy was asking the court to default his client’s property rights.
“There is no presumption of improbable harm here,” Perron said. “The facts need to be heard.”