A compromise in one dispute is in the works, but a bigger war may be brewing.
Two half-bathrooms appear to be the answer in the 306 Clark Drive LLC v. city of Holmes Beach case stalled in 12th Circuit Court.
“We’ve decided to pursue that in a regular Bert Harris claim,” said Louis Najmy of the Najmy Thompson Bradenton law firm March 21. Najmy represents Shawn Kaleta, builder/developer of the Clark duplex.
Since August 2015, Kaleta has pursued a court order to allow a fourth bathroom on the first-floor living level in both units at 306 Clark Drive.
Holmes Beach building official Jim McGuinness said March 17, that he’s talked to Kaleta about the Clark Drive resolution, but he declined to reveal specifics.
But Najmy talked about the settlement.
“The company decided to mitigate its damages,” Najmy said, adding Kaleta’s company had “got so far with the house” it didn’t want to let it sit unfinished.
“There was a small compromise that allowed for a half instead of a full bath on either side,” he added.
In February, another Kaleta attorney warned commissioners the developer will file up to 25 Bert Harris cases unless they receive exceptions to occupancy rules under the city’s vacation rental ordinance.
In the 306 Clark case, 12th Circuit Judge Gilbert Smith ruled in October 2015 against the developer’s request for a mandamus — an order requiring the city’s building official to carry out his duties.
The judge sided with McGuinness, who claimed the proposed fourth bathroom was part of Kaleta’s plans to convert a dining area on the first floor of living area into an illegal fourth bedroom.
In January, the judge denied Kaleta’s motion to reconsider the decision and closed the case.
After the case closed, two opposing court papers with motions were filed.
On Jan. 22, the city moved to dismiss the case as moot because Kaleta had filed new plans with the city.
Kaleta’s attorney agreed that new plans were submitted, but argued they did not resolve the dispute.
It now appears the work will proceed.