Two city of Bradenton Beach cases moving through the 12th Circuit Court rounded the bases Aug. 11.
In one case, a city resident won the right to be heard by a special master and, in the other, Bradenton Beach Marine Corp. received an extension of time to build its case.
Judge Gilbert Smith Jr. ordered the city to hear resident John Metz’s challenge to a building permit issued in June 2015 for 308 Gulf Drive S., Bradenton Beach.
City attorney Ricinda Perry had rejected Metz’ appeal to the building official as untimely in May, leading to Metz filing the lawsuit against the city June 14.
After the hearing, Metz said the city conceded his argument about the 14-day filing deadline after his attorney, Nelon Kirkland of Harrison and Kirkland, pointed out he was allowed 14 business days.
Fred Moore of Blalock Walters P.A. in Bradenton, who sat with Perry on the case for the city at the hearing, shuffled papers and announced, we agree, essentially ending the argument.
Metz, a member of the planning and zoning board, blames Perry for the mistake, ill will and requiring him “to spend several thousand dollars to get the administrative hearing.”
The city attorney apparently reached out Aug. 5 and offered that if Metz dropped the lawsuit, the city would arrange the hearing, but Metz rejected the offer.
The court ordered Metz to pay the city of Bradenton Beach the $500 filing fee for the hearing to proceed.
Metz’s hearing before the city’s special master is set for Tuesday, Aug. 23, at Bradenton Beach City Hall, 107 Gulf Drive N..
Time granted
In an unrelated lawsuit, Smith granted Bradenton Beach Marine, dba Michael Bazzy and Allan Bazzy and Bradenton Beach Marina, 10 days to amend its initial complaint.
The complaint alleges the city violated the Sunshine Law — which requires meetings to be properly noticed and open to the public with few exceptions — when it negotiated the Historic Bridge Street Pier lease for the restaurant and upland buildings in August 2015 with We’re Back LLC and Anna Maria Oyster Bar owner John Horne.
The lease was allegedly negotiated by former Mayor Jack Clarke and Perry without the benefit of public meetings and, further, the lease for the accessory buildings was awarded to Horne along with the restaurant lease after the city told the public those leases would be put out to bid.
The corporation filed the initial complaint against the city in November 2015.
Bradenton Beach Marine now has until Aug. 25 to file an amended complaint.
Smith also rescheduled a hearing on a city motion seeking summary judgment in the Bazzy case to 8:30 a.m. Wednesday, Sept. 7, at the Manatee County Judicial Center, 1051 Manatee Ave. W., Bradenton.