Shawn Kaleta and Jennifer Kaleta filed two lawsuits to stop their neighbors from stalking and recover damages for losses to two rental homes.
The co-owners and their companies allege Richard and Marjorie Motzer called Holmes Beach police more than 60 times for unfounded noise complaints at two vacation rental properties.
The complaints and petitions for temporary injunctions ask a 12th circuit judge to “immediately restrain defendants from any acts of stalking.”
Referring to HBPD call logs, the plaintiffs contend the Motzers called police to the properties — more than 20 times to 5501 Holmes Blvd. and more than 40 times to 302 55th St. — between April 2017 and December 2017.
The alleged stalkers were sent a cease-and-desist letter but “have continued to call in noise complaints,” the latest March 11, according to the two lawsuits.
Filed in early April, the litigation alleges the Motzers intentionally interfered with the Kaletas’ rental businesses and requests unspecified damages, prejudgment interest, court costs and attorneys’ fees.
The Motzers reside in the 300 block of 56th Street near or adjacent to the two vacation rental homes.
In an April 18 email, Richard Motzer told The Islander he had no comment on the litigation.
Public records show complaints go both ways, concerning both the Motzers’ residence and the two Kaleta-owned vacation homes.
In a July 2017 Holmes Beach police report, renters then staying at 302 55th St. reported a person from the Motzers’ home yelling from a bull horn, cursing and scaring children playing in a pool during the afternoon.
According to the July 2, 2017, police report, Richard Motzer told a dispatcher on a recorded line: “You tell them to do something about it or I think we are probably going to court and we are going to sue the living (expletive) out of Tokajer and the police department and the city because they will not do anything about the noise.
“The noise is over the top, tell them to do something or one thing or another and when I go over there you are going to need to bring over body bags because I am fed up with it.”
The next month, Richard Motzer wrote to the mayor and commissioners, complaining he was unable to enjoy any quiet in his home, especially in June and July 2017, and about the city’s failure to notify tenants, rental units and management companies with a letter as it previously promised.
HBPD Chief Bill Tokajer said April 19 that handouts on noise have since been distributed to renters.
The Motzers have 20 days to respond to the complaints after they are served. As of press time, they hadn’t been served, according to the court records.
Neither Shawn Kaleta nor Jennifer Kaleta provided comments.
New noise initiative
Holmes Beach Police Chief Bill Tokajer announced a new initiative to educate renters staying at party houses.
Code enforcement officers are greeting new renters at vacation rental homes where the HBPD has received complaints about noise from residents with a pamphlet in hand.
Since the beginning of March, the officers have been meeting renters, informing them of the city’s noise ordinance and advising them they’re staying in a residential area.
“It seems to be working,” Tokajer said.
— Kathy Prucnell
The “stalking” story would be hilarious if it wasn’t evidence of all the reasons we need to fight for Home Rule. Once the wolves got in charge of the hen house things have been pretty chaotic around here. If local law enforcement can’t quiet down the renters after 60 attempts, imagine what would happen if we had to call Tallahassee for help. This would be a good time to own a law office around here because the problems are growing. The residents are deprived of their right to quiet, the neighborhoods are infested with businesses in spite of all acceptable residential zoning regulations, and the businesses are unmanaged rentals, inhabited by unruly, inconsiderate people who don’t live here and apparently don’t read the behavioral flyers that are distributed to them. Some tough love enforcement would go a long way to turning the problems around but I guess nobody wants to do that for fear of being sued by the Kaleta’s or the many people who have been driven insane by having Kaleta rentals surrounding them. And the army of sleepless property owners who attempt to live in their own properties is growing larger all the time. What’s next? Vigilanteism?
Janet Aubry
Holmes Beach
if kids can’t play in the pool in the afternoon, then whats the point of vacation. If they want privacy, then they should get a house on a bigger lot.
I have vacationed and visited AMI for more than 40 years. I have no children, but have vacationed next to many,
Why no charges for the death threat…”body bags”, hmm.