Another decision is left to another day.
Judge Edward Nicholas postponed ruling Sept. 9 on pretrial motions in Bert Harris cases against the city of Holmes Beach — as did another 12th circuit judge in July.
In court Sept. 9, three property owners were up on motions, asking the city be held liable for their losses due to 2015-16 ordinances that limit short-term rental occupancy to a maximum of two persons per bedroom.
The owners, properties and their claims are:
• Coral Escape of Holmes Beach, 132 50th St., $240,000.
• Robert and Michelle Carl, 4805 Second Ave., $275,000.
• Mojito Splash, 304 65th St., $275,000.
For the owners, attorney Aaron Thomas, of the Najmy Thompson Bradenton law firm, argued July 30 and Sept. 9 the city should be liable as of May 1, 2016 for the occupancy and regulatory ordinances that established enforcement for the new laws.
Attorney Jay Daigneault, of the Trask, Daigneault, lawfirm in Clearwater, assigned to represent the city by its insurer, challenged the owners’ right to bring the cases without first being denied a variance, relying on a 2018 decision by Judge Lon Arend in the Holmes Beach-Bob and Ellen McCaffrey case.
Thomas argued that it was futile for his clients to challenge the occupancy restrictions and that the McCaffreys — who sought permission to expand their home beyond newly established regulations — were not in the same situation as his clients, who were unrestricted as to the number of occupants before the city’s occupancy regulation went into effect.
Although the judge postponed his ruling, Thomas said Nicholas’ statements in court Sept. 9 were favorable to his arguments.
Nicholas followed the lead of Judge Charles Sniffin, who, at a July 30 hearing on three similar cases, deferred his decision for 90 days, asking attorneys for both sides to exchange information, documents and inspections.
Thomas also said Nicholas told the attorneys Sept. 9 he was considering mediation for the parties.