Island developer Shawn Kaleta is suing the city of Anna Maria.
The suit, filed in federal court, also names Kaleta’s company, Beach to Bay Construction, as a plaintiff, and demands a jury trial.
The suit alleges the city deprived Kaleta of his First Amendment and 14th Amendment rights — freedom of speech and right to due process — as guaranteed by the U.S. Constitution.
Attorney Randolph Smith, of the Najmy Thompson law firm, filed the suit Feb. 12 with the U.S. District Court for the middle district of Florida.
The city received a copy Feb. 16.
Kaleta is seeking relief and damages on three counts: violation of equal protection of law, violation of the First Amendment and violation of due process.
Kaleta’s attorney, Louis Najmy, of the Najmy Thompson law firm, said, “Our case is clear. The city decided that in order to help eliminate vacation rentals and pursue their personal dislike of our client, they would make things difficult for Mr. Kaleta. The city officials irresponsibly decided, at the city’s risk and reputation, that they would ignore the basic fundamental rights of equal treatment and due process and specifically target our client in order to harm his reputation and business.”
Anna Maria Mayor Dan Murphy declined to comment.
Kaleta alleges the city deprived him of his rights by making him an unofficial mascot for the negative attitude toward the developing tourist industry on the island.
The suit cites comments made Sept. 30, 2015, by Anna Maria City Commissioner Carol Carter as an example.
During a question-and-answer forum hosted by the League of Women Voters of Manatee County at city hall, Carter said she needed “support against Shawn Kaleta and other developers.”
Carter was running for re-election to the commission.
Because of comments like these, the lawsuit states, “Kaleta no longer feels he can petition the city … and achieve a fair and just result.”
The suit also points out the city’s actions taken against buildings he owns in the 200 block of Magnolia Avenue and at 9802 Gulf Drive.
While the Magnolia Avenue homes were under construction last March, the city ordered Kaleta to repair damage done to stormwater drains behind the buildings.
Kaleta, the suit claims, signed the agreement to restore the damages because otherwise construction would be halted and the project already was delayed six months.
In the suit, Kaleta said the repair made “far exceeds their pre-construction condition.”
Afterward, the city had another company perform work on the storm drains at a cost of $16,000. The city then billed Beach to Bay for redoing the repairs.
On Sept. 10, 2015, Murphy ordered the electricity to 9802 Gulf Drive terminated after the city placed a stop work order on the premises and found people working inside.
Kaleta claims no work was being done and the orders were unjust.
Murphy said in September that he acted in the interest of public safety.
The city restored power and removed the stop work order by the end of September.
The 28-page suit contains examples alleging Kaleta is being denied his right to due process by being singled out from other developers on the island.
This guy is nothing but trouble. VERY dark day when he skulked into town and proceeded to disrespect the coolest place to live in the country (IMHO). Hope he loses and has to pay for the legal expenses the taxpayers are having to bear from this disgusting circus. Beach to Bay is never a consideration for my family and friends when they visit. Never.
But you don’t know who he partnered with on his ventures … some recognizable names! And he builds, and when he accepts a contract to build, he builds homes that meet the wishes of the customer. It doesn’t mean you have to like the homes — he built 60+ two years ago and 80+ last year. He’s prolific, but he — nor anyone else — deserve to be slandered and deprived of their First Amendment rights. — Bonner