Three new Bert Harris claims were filed July 25 against the city of Anna Maria.
The vacation rental ordinance that went into effect April 1, limits the number of allowed guests in short-term rentals to eight has prompted property owners to bring 62 cases against the city in Bert Harris Act claims, including three filed July 25.
The latest claims involve 101 Willow Ave., Lot 18, submitted on behalf of KPI 48th Street Development LLC; and 791 Jacaranda Road and 789 Jacaranda Road, both submitted on behalf of 791 Jacaranda LLC.
The Bert Harris Jr. Private Property Protection Act of 1995 allows property owners to seek monetary relief if they can prove a government action lowered the value of their property.
As a result, claims alleging the loss of millions of dollars have been filed against the city, each requiring action within 150 days.
On July 21, city attorney Becky Vose presented settlement recommendations for 24 cases to the city commission, suggesting the city make compromise offers.
“We have to make some sort of settlement offer for each of the … claims,” she said. “If we don’t, we automatically lose.”
Vose’s settlement suggestion for the claims was an offer to alter the regulations so that claimants would be allowed at least twice as many guests as the number of bedrooms.
However, the city has no indication the offers will be accepted.
The city still has to respond to 38 pending cases. Claims against the city total more than $20 million, $14 million of which there is still no settlement.
Attorney Louis Najmy of the Najmy Thompson law firm in Bradenton said the settlement suggestions are “a good start.”
“From a logical standpoint, I’m sure there are some concessions a property owner will give in to, provided the city has given it a good reasonable try,” Najmy said. “And the statute even speaks to that. It doesn’t require giving the property owner what they demand, it requires giving the property owner a reasonable offer.”
Najmy’s law firm represents the owners in 36 of the 62 cases filed against the city.
“We don’t want to bankrupt the cities, but there is a way for the cities to satisfy the property owners that are making these claims and that’s to make them an offer to exist under the old rules,” Najmy said.
Vose’s settlement offers reflect the grandfather terms Najmy suggests, which are ideal for Bert Harris settlements. However, the settlement offers do not fully restore the rights held by the property owners before the VRO.
The city is reviewing Vose’s suggestions and has not extended offers to the claimants.
Look online at www.islander.org for a list of pending claims.
House Name Claim amount
306 Poinsettia Ave., Joern and Kathrin Stock, $305,000
106 Los Cedros, Salouh Florida LLC, $365,000
112 Palm Ave., Powell-Harllee Investment LLC, $270,000
122 White Ave., Dr. Lawson Macartney, $240,000
306 Spring Ave., Scott and Beth Powell, $210,000
509 S. Bay Blvd., AMI Retreat LLC, $170,000
202 Archer Way, Tall Oaks Development LLC, $310,000
513 Loquat Drive, Welch Properties LLLP, $360,000
62 N. Shore Drive, John Lynch, $340,000
104 Pine Ave., Randolph Brown, $315,000
117 Willow Ave., 117 Willow LLC, $315,000
203 S. Bay Blvd., Florida Gulf Coast Vacation Homes LLC, $345,000
213 Elm Ave., Lawson Macartney, $155,000
213 Magnolia Ave., DSB RE Holdings LLC, $340,000
236 Gladiolus St., Liad Wagman and Trygg Andersen, $225,000
300 N. Shore Drive A, Ronald Breteler and Wendy Nelson, $205,000
300 N. Shore Drive B, Ronald Breteler and Wendy Nelson, $195,000
306 Tarpon St., Tommy and Michelle Bolton, $245,000
313 Hardin Ave., Lawson Macartney, $240,000
733 Holly Road, Wawaweehaw LLC, $265,000
803 Gladiolus St., Bruce Parkman, $345,000
851 N. Shore Drive, Corinna Oliashirazi, $295,000
211 Willow Ave., Allen Weinstein and Alison Boak, $345,000
827 N. Shore Drive, Jeffrey Rodencal and Wendy Blumenthal, $275,000
505 S. Bay Blvd., Marie McCaughan and Christine Hatch, $400,000
210 Sycamore Ave., Moberger LTD, $120,000
211 Chilson Ave., O&S Holdings LLC, $240,000
211 Magnolia Ave., Starfish 66 LLC, $345,000
217 Magnolia Ave., Magnolia Beach Views LLC, $345,000
228 Willow Ave., 228 Willow LLC, $595,000
109 Pine Ave., Pine View Gulf LLC, $345,000
201 S Bay Blvd., AMI Bayfront LLC, $1,345,000
205 Elm Ave., 205 Elm, LLC, $345,000
205 S. Bay Blvd., Beach to Bay Investments Inc., $1,030,000
881 N. Shore Drive, Gulf View Retreat LLC, $1,030,000
101 Willow Ave. (Lot 18), KPI 48th Street Development LLC, $515,000
789 Jacaranda Road, 791 Jacaranda LLC, $345,000
791 Jacaranda Road, 791 Jacaranda LLC, $345,000