To yield, or not to yield, that is the question.
Attorneys Scott Rudacille and Kevin Hennessey independently filed 25 Bert Harris Jr. claims against the city of Anna Maria in late April. Together the attorneys allege $7,564,000 in loss of property value.
Rudacille filed eight claims and Hennessy 17 on behalf of rental property owners in the city.
Starting from the date filed, the city had 150 days to respond. Options include negotiating with the claimants, fighting the claims or paying the alleged losses.
Mayor Dan Murphy said the city would investigate each claim.
Bert Harris Jr. claims allow property owners to take action against government entities that allegedly devalue their property through governmental actions. The claims were made under the Bert Harris Jr. Private Property Rights Protection Act enacted in 1995.
The claims are on behalf of owners: Michelle and Jeffery Laade, Kurt and Laura Nisi, Gerald and Jeane Pitcher, Tall Oaks Development LLC, Welch Properties LLLP, John Minnedo and Beatrice Guinsbourg, Wolverine Partners LLC, Salouh Florida LLC, Powell-Harllee Investment LLC, Lawson Macartney, Scott and Beth Powell, Seven Emeralds LLC, AMI Retreat LLC, Rysal Enterprises LLC, Raymond and Anne Hyer, By The Shore Investments II LLC, Joern and Kathrin Stock, Michael Hapke and Terry-Lyn Mason, Twenty-One Properties LLC, Michael and Nancy McAleer and Green Sea Turtle Real Estate LLLP.
The alleged losses range from $171,000-$893,000.
Salouh Florida LLC, Rysal Enterprises LLC and Seven Emeralds LLC also were plaintiffs in a lawsuit against the city in May 2015.
That suit was dismissed without prejudice Dec. 9, 2015.
According to the April 27-29 documents filed at city hall, each of the 25 rental properties could hold more guests than the eight occupants allowed under the city’s short-term vacation rental ordinance.
The VRO allows for two people per bedroom or a maximum of eight overnight guests.
The homes range from 10-15 maximum occupants.
The VRO has a grandfather clause allowing vacation rental homes with an occupancy level greater than eight people to continue operating at present levels for five years.
The occupancy limit was the subject of a lawsuit filed against the city Feb. 9 by attorney Randolph Smith on behalf of Florida Gulf Coast Vacations LLC. 12th Circuit Judge Gilbert Smith Jr. upheld the occupancy limit April 11.
Florida Gulf Coast Vacations filed April 25 for a rehearing.
Go online to www.islander.org to see a list of the properties cited in the Bert Harris claims, as well as the alleged loss of value.
Counting claims
The 8 Bert Harris claims filed by attorney Scott Rudacille:
Home address: Alleged loss of value:
• 115 Mangrove Ave. $305,000
• 205 Palm Ave. $305,000
• 212 Oak Ave. $275,000
• 214 Spring Ave. $310,000
• 306 Poinsettia Road $305,000
• 318 Tarpon St. $280,000
• 320 Tarpon St. $280,000
• 807 N. Shore Drive $893,000
The 17 Bert Harris claims by attorney Kevin Hennessy:
Home address: Alleged loss of value:
• 112 Palm Ave. $270,000
• 109 Palm Ave. $240,000
• 306 Spring Ave. $210,000
• 76 N. Shore Drive $171,000
• 790 N. Shore Drive $420,000
• 812 N. Shore Drive $455,000
• 861 N. Shore Drive $445,000
• 93 N. Shore Drive $140,000
• 106 Los Cedros Drive $365,000
• 122 White Ave. $240,000
• 404 Alamanda Road $170,000
• 509 S. Bay Blvd. $170,000
• 114 Oak Ave. $270,000
• 202 Archer Way $310,000
• 513 Loquat Drive $360,000