Some days in court it’s more about proper procedure than merits.
Such was the case Sept. 8 for John Metz.
Neighbor to a George and Wendy Kokolis property at 308 Gulf Drive S. in Bradenton Beach, Metz has been trying to gain a city hearing to appeal the city permits issued for construction of a residential fourplex in the city’s commercial zone.
Metz brought the court case after the city turned down his request for a special master hearing.
Twelfth Circuit Judge Gilbert Smith Jr. granted Metz the city hearing in an Aug. 11 order.
At a Sept. 8 hearing before Smith, Metz’s attorney, Nelon Kirkland, and attorney Robert Lincoln for the Kokolises, not initially named in the suit, and city attorney Ricinda Perry came to an agreement on how to proceed.
The Kokolises will be allowed to intervene in the suit and Smith’s Aug. 11 order will be amended to strike language that prohibited further permits or action on the property.
Perry also asked the court to change the prior directive that required the city to give Metz a special master hearing by Sept. 11.
“Mr. Metz now objects to Mr. Robinson as the special master,” Perry said.
She told the court Metz objected due to neutrality concerns about the city’s special master, attorney Will Robinson, because Robinson and Fred Moore, who represents the city in another pending case, practice law with her husband at Blalock Walters P.A. of Bradenton.
To appoint another arbiter for the Metz hearing, she said the city must follow a bid procedure and there could be a three-month delay.
Kirkland said the city gave him a one-hour Nov. 8 hearing date, but he wanted additional time for permitting and certificate of completion issues.
“The real issues will be heard in the administrative hearing,” Kirkland said.
Lincoln is expected to draft a written order for the court’s approval to reflect the agreements made at the hearing.
Meanwhile, the Kokolises are in the process of remodeling 308 Gulf Drive S. and, according to Wendy Kokolis, have finished two downstairs units and are planning kitchens and flooring for two units on the top floor.
After the hearing, Kirkland said if Kokolis continues the work, “she does so at her peril.”
He said the special master or court could require the removal of additional work.
Metz first complained to Bradenton Beach city officials in February about the residential fourplex that had been approved for remodel in the C2-zone.
Metz contends the grandfathered non-conforming use was discontinued after the fourplex was left dormant more than 18 months, and according to the land-development code, the city shouldn’t have issued the permits.
The Kokolises purchased the property in October 2014 and obtained a permit for work on the foundation and first level of living space in June 2015, nine months later.
The city issued a certificate of completion July 8 “for the repairs,” after which Kokolis occupied the structure, according to a court paper filed by Lincoln.