Now there’s 26.
Fourteen new Bert Harris lawsuits were filed Sept. 9 against the city of Holmes Beach under the Bert J. Harris Jr. Property Rights Protection Act, adding to the 12 already in 12th Circuit Court.
Mayor Judy Titsworth was served Sept. 17 with 12 of the new complaints that allege the city imposed an inordinate burden to the rights of investment property owners by enacting vacation rental ordinances limiting the maximum occupancy to two persons per bedroom.
Titsworth said Sept. 18, “We’ve been expecting them. We’ll just continue on padding our budget.”
In addition to two $1 million insurance policies, the city has an additional $750,000 in reserves to cover Bert Harris claims after the allocation of $250,000 budgeted for FY 2020.
Titsworth also called the lawsuits inherent risks to the city “when implementing ordinances with the good intentions of saving our community.”
The suits arise from the 80-plus claims filed at city hall in 2017-18 by property owners invoking the Bert Harris act — a prerequisite for a lawsuit challenging the city’s 2013-16 VROs — that allege more than $30 million in damages.
With the new cases filed in circuit court, the Bert Harris litigation alleges more than $4.85 million in losses.
Most owners are calling out the occupancy restriction, as well as the city’s ordinance to enforce the regulation devalued their rental properties by limiting the units to fewer guests.
The claim owners, addresses and their alleged losses are:
- John and Suzette Buchan, 7201 Gulf Drive, $250,000.
- Michael and Ann Hetzner, 310 58th St., Unit A, $94,000.
- Michael and Edna Stringer, 207 65th St., $355,000.
- Nathan and Catherine Tillman, 4104 Sixth Ave., $104,000.
- David and Diana Geudtner, 312 61st St., Unit A, $165,000.
- Karen and Stephen Travill, 301 74th St., $235,000.
- Shawn T. Kaleta, 121 49th St., $280,000.
- Gulf Front Paradise LLC, 102 77th St., $1,420,000.
- 210 North Harbor LLC, 210 North Harbor Drive, $355,000.
- 212 North Harbor LLC, 210 North Harbor Drive, $355,000.
- Jeffrey and Annette Gutzwiller, 316 63rd St., $179,000.
- 56th Street Cottages LLC, 303 56th St., $390,000.
- David and Derelle Schaefer, 204 54th St., $165,000.
- Thomas and Katherine Hayes, 302 65th St., $255,000.
Two of the complaints — Hayes and 212 North Harbor LLC — were still out for service as of Sept. 23.
The new cases join 12 pending before two judges, Charles Sniffin and Edward Nicholas.
Oct. 1 is the theoretical last day to file a lawsuit based on city notices to property owners last October setting the time limit.
Thirteen of the 14 lawsuits were filed by Aaron Thomas of the Najmy Thompson law firm. The Hayes’ suit was filed by Fred Moore of Blalock Walters.
Najamy partner Louis Najmy said the city had the ability to avoid the litigation “at no cost” when the claims were first filed with the city. The act provides a 150-day period when the city could have settled with the owners by adjusting land use standards.
Najmy also said the city could’ve settled within its $1 million insurance policy, adding that as a Holmes Beach resident, he has concerns about the financial health of the city.
“Instead they risk millions by not appreciating the risk,” Najmy said.
The mayor disagreed.
“As leaders, we would be doing our citizens a disservice if we didn’t act on what was really important to our citizens,” Titsworth said, referring to people who voiced concerns about the proliferation of large rental houses that led to the ordinances.
She said unregulated occupancy in short-term rentals is a “very bad thing.”
“It is not only disruptive to the residential neighborhood but extremely unsafe.”
Um….two people per bedroom are too few, huh? Would they like six? ten?
We had a short-term rental in our neighborhood with four sets of bunk beds in it -that is probably more like what they would like – cram in 8 people in a bedroom.
Investor-owned short-term rentals should be shut down in communities zoned single-family. They destroy neighborhoods!