Bert Harris claims are flying into city hall in Holmes Beach.
Six such claims were served on the city April 27, alleging $2,425,000 in damages as a result of two city ordinances adopted in 2015 and 2016 that introduced, among other restrictions, a maximum six-person occupancy for short-term rentals.
The six Bert J. Harris Private Property Rights Protection Act claims all came from Aaron Thomas of the law firm Najmy Thompson, PL, of Bradenton.
One claim, submitted on behalf of 302 55th LLC, alleges that the property at 302 55th St. has decreased in value by $655,000, owing to city ordinances that restrict rental properties to no more than two occupants per bedroom, or six persons per house, whichever is greater.
According to the claim, the eight-bedroom property has served as a short-term rental that could accommodate up to 20 people.
The second claim, submitted on behalf of Shawn Kaleta for property at 304 65th St., asserts that Kaleta’s five-bedroom property, which previously accommodated 12 guests, was restricted by the same two ordinances.
A licensed appraiser’s letter included with the claim alleges the property decreased in value by $275,000.
A second claim submitted on Kaleta’s behalf alleges that property at 204 72nd St., an eight-bedroom house, accommodated 18 guests before the city ordinances restricted him to 6 occupants.
According to the appraisal, the property has decreased in value by $400,000 as a result of the occupancy restriction.
A fourth claim submitted by Thomas on behalf of 307 66th LLC, says 307 66th St., Unit B, previously accommodated 16 people in the six-bedroom short-term vacation rental.
Due to the city’s ordinances, the claimant alleges the property has been restricted to six occupants, reducing its value by $295,000.
Thomas’s fifth April 27 claim asserts that Michael and Ann Hetzner’s vacation rental, 310 58th St., Unit A, previously accommodated eight guests in three-bedrooms.
As a result of the occupancy restriction, their appraisal alleges the property value has decreased by $110,000.
Thomas’s fina claim of six submitted April 27 is for AMI Breeze LLC at 209 54th St., an eight-bedroom property that prior to the passage of city ordinances accommodated 20 or more guests, alleges the home was limited by the city occupancy restrictions and decreased in value by $690,000.
Holmes Beach has 150 days from the day a claim is submitted to respond. The city has thus far issued 13 responses, offering no changes to the claimants. The next response is due in June.
After the 150-day period, the recourse if no settlement is reached is for claimants to take their case to court. Three such Bert Harris cases are pending in the court against Holmes Beach.
The first court case was initiated by Bob and Ellen McCaffrey, who filed a two-count complaint in January alleging their property at 7003 Holmes Blvd. decreased in value by $106,000 after the city passed six ordinances that affected their remodeling plans.
A second lawsuit was filed against the city by Swackhamer Investments VI owners, Bmeehan Investments VI and Kmeehan Investments, alleging $225,000 in damages.
The most recent lawsuit, filed April 14 and served to the city April 20, alleges $552,000 in damages for property at 104 75th St. by the trustee of the Patricia H. Hutchinson trust, Frederick C. Hutchinson II.
A lawsuit filed by property owners Keith Carter, Emma Stringer and Claire Daley in November 2016 for property at 306 Clark Drive alleged $84,600 in damages for an eight-bedroom duplex.
Carter voluntarily dropped the lawsuit March 6, and March 17 filed Bert Harris claims for 306 Clark Drive, Unit A, and 306 Clark Drive, Unit B.
A total of 40 Bert Harris claims have been submitted thus far to the city.