A request for a judgment is the most recent shot over the bow from Bazzy Marine Corp. aimed at the city of Bradenton Beach.
The battle arises from Bazzy’s complaint against the city of Bradenton Beach for alleged Government-in-the-Sunshine Law violations in pier lease negotiations with Anna Maria Oyster Bar that took place a year ago.
A summary judgment hearing — on Bazzy’s motion as well as a prior city motion — is set at 8:30 a.m. Wednesday, Sept. 7, at the Manatee County Judicial Center, 1051 Manatee Ave. W., Bradenton.
Filed on behalf of Bazzy Marine owners Alan and Mike Bazzy by Nelon Kirkland of Harrison & Kirkland of Bradenton, the motion asks the 12th Circuit Court to declare the city violated the Sunshine Law by holding unnoticed and unrecorded meetings.
On another front, any decisions on a possible settlement by the city resulting from an Aug. 25 city commission shade meeting are unknown.
Fred Moore of Blalock Walters of Bradenton, the attorney for the city, acknowledged to Kirkland the city failed to properly notice the 2015 commission meeting, where the city adopted the lease — one of the alleged Sunshine Law violations by Kirkland.
Bazzy’s attorney also alleges the city violated the Sunshine Law in pier committee meetings.
In the summary judgment motion, Kirkland asks the judge to declare the city violated the Sunshine Law — even if a cure is realized.
Aug. 18, the city began an apparent attempt to cure the error in the required notice for the ordinance that adopted the restaurant lease.
The city commission is expected to hold a second reading and re-adopt the lease ordinance at its Thursday, Sept. 8, meeting at Bradenton Beach City Hall.
Kirkland’s motion, however, argues the cure doctrine should not apply because a properly noticed rubber stamp on the lease ordinance won’t offer an opportunity for meaningful public discussion.
Bazzy initiated the litigation in November 2015 to stop AMOB’s sublease of two upland buildings, requesting an award for his attorney fees.
In December 2015, AMOB subleased one building jointly to A Room with a Hue and Tide and Moon Jewelry, and the second unit to Paradise Boat Tours.
In the motion for summary judgment, Kirkland emphasizes that while Mayor Jack Clarke announced to the commission that he and the city attorney would negotiate the terms of the AMOB lease for the restaurant building, negotiations for the two accessory buildings were not authorized.
Kirkland also wrote, Bazzy will show the city violated the Sunshine Law when it held unrecorded, ‘in the shade’ meetings to negotiate a deal for the upland buildings.
“It is indisputable that the (city) violated the Sunshine Law when having an ‘in the shade’ meeting when evaluating and rating the RFPs,” Kirkland wrote, of the lease negotiations conducted by Clarke and city attorney Ricinda Perry.
A shade or closed meeting is an exception to the Sunshine Law and must be limited to settlement negotiations and strategy sessions about litigation expenditures. Minutes are kept and released when the matter is resolved.
AMOB proprietor John Horne “stated under oath that he never initiated a conversation for the inclusion of properties 2 and 3 into the lease,” the motion continues.
The motion concludes, “(T)he inclusion of properties 2 and 3 into the lease for AMOB did not occur through osmosis,” alleging the accessory buildings were included by Clarke and Perry in their private discussions.
In other court action, Bazzy filed an Aug. 17 emergency motion asking the judge to nullify the AMOB lease based on the original ordinance notice failure.
A hearing is not yet set on the injunction request.
Aug. 23, Judge Gilbert A. Smith Jr. ordered a two-week bench trial beginning Oct. 10.
