More noise in court.
Two weeks after Holmes Beach pointed out a procedural error in a lawsuit brought over noisy vacationers, attorneys for complaining residents Richard and Marjorie Motzer filed a new court paper.
The Motzers sued in June through attorneys Anthony Manganiello III and Nicole Price of the Icard Merrill Sarasota law firm, asking the court to compel the city to do its job and enforce its noise ordinance.
For the city, attorney Jim Dye of Dye Harrison, a Bradenton law firm, filed a motion July 3, asking a judge to declare their complaint invalid because the Motzers’ attorneys failed to follow a civil rule requiring approval from a judge before filing such a case.
With a July 17 motion asking for the court “to issue an alternative writ of mandamus,” Manganiello and Price appear to correct the error.
Referring to their original complaint, the Motzers’ attorneys say they have grounds to bring the case, that numerous facts and police reports show the court that the Holmes Beach Police Department failed to enforce the ordinance “despite clear violations.”
They also claim the city’s failure to enforce the law is causing their clients “adverse health effects,” and the lawsuit is their only adequate remedy to stop “excessive and unreasonable noise generated by renters in the properties adjacent” to the Motzers in the 300 block of 56th Street.
The Motzers built their home in 2010 before rental homes owned by Jennifer and Shawn Kaleta at 302 55th St. and 5501 Holmes Blvd. went up, according to the Motzers’ complaint.
In two other suits, filed in April, the Kaletas allege the Motzers “stalked renters” at their properties.
Judge Lon Arend is set to hear the Motzers’ motion to dismiss the Kaleta complaints at 2:35 p.m. Thursday, Aug. 30, at the Manatee County Judicial Center, 1051 Manatee Ave. W., Bradenton.