More Bert Harris settlement offers flow from Anna Maria

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Anna Maria city attorney Becky Vose brought five more Bert Harris claim recommendations for settlement to city commissioners Aug. 25.

The offers are similar to the last set Vose recommended July 21, which followed a guideline of allowing two guests per bedroom, plus two additional guests, for each home.

Vose said the settlement offers are “very reasonable” and two of three attorney offices that have filed claims against the city told her the settlement recommendations appeared to be acceptable.

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.

Since April 1, when a vacation rental ordinance went into effect in Anna Maria limiting the occupancy for short-term vacation rentals, 64 claims have been filed against the city totaling more than $20,000,000 in alleged losses.

All the claims Vose brought to commissioners Aug. 25 were filed by Kevin Hennessey of Lewis, Longman, Walker of Bradenton. Hennessey requested the settlement offers include attorney’s fees, a demand Vose said the city has no obligation to fulfill and no other lawyer has requested.

Commissioners discussed the possible outcomes if Hennessey rejects the settlement offers.

“If he says no to these and files suits, I believe we’re on reasonable ground,” Vose said.

Mayor Dan Murphy asked Vose to clarify if she is confident the city would win if the cases go to court.

Vose responded she does not foresee the city losing but, she added, “Nothing is guaranteed.”

City commissioners voted 4-1 to authorize Vose to finalize the offers.

Commissioner Nancy Yetter voted no.

The city has 150 days to respond to each Bert Harris claim.

Vose said responses to 10 claimants from the city are due between Sept. 24 and Sept. 29.

Settlement offers approved Aug. 25 by the commission include.

• Michelle and Jeffery Laade, 93 N. Shore Drive, Unit A, three bedrooms, eight occupants.

• Michelle and Jeffery Laade, 93 N. Shore Drive, Unit B, three bedrooms, eight occupants.

• Gerald and Jeane Pitcher, 114 Oak Ave., Cottage, two bedrooms, six occupants; 114 Oak Ave., Unit A, two bedrooms, six occupants; 114 Oak Ave., Unit A, two bedrooms, six occupants.