The city of Holmes Beach posted a victory in a battle over noise.
Twelfth Circuit Judge Charles Sniffin dismissed the lawsuit of Richard and Marjorie Motzer Aug. 30 “with prejudice,” allowing 30 days for an appeal. The Motzers filed suit in June 2018 seeking a court to compel the city to enforce its noise ordinance.
“That means that the Motzers will not be allowed to amend their complaint to try to state a cause of action to add new facts or change theories,” attorney Thomas Thanas, of the city’s law firm of Dye Harrison, wrote in a Sept. 6 email to The Islander.
The city and the Motzers’ attorneys faced off at an Aug. 1 hearing, leading up to the judge’s ruling.
Sniffin adopted reasoning from his March order that determined a court cannot interfere with the discretionary functions of the city and its law enforcement.
The Motzers had alleged the city and Holmes Beach Police Department failed or declined to enforce the noise ordinance, came to subjective conclusions and failed to properly measure sound.
The Motzers also had complained to city commissioners about vacation rental properties in the 5500 block of Holmes Blvd. and 300 block of 55th Street that neighbor their home on 56th Street.
Holmes Beach Mayor Judy Titsworth said Sept. 18 the judge ruled “the right way,” adding the HBPD properly responded and issued citations when noise complaints were valid.
The Motzers said in Sept.19 email they are considering an appeal.
“We are giving it consideration, in part, due to the following reasons:
“The first judge ruled in our favor and the new judge who was brought into the case and made the most recent ruling used to work for the Dye firm that represents the city.”
This sounds like someone moved from the north and bought a house on the island and wants the city to conform to his rules. I’ve read about this numerous times and it sounds like …. Maybe he should go back to where he came from.
Hmm. Sounds like someone is insinuating a little favoritism going on. I seriously doubt it. Let the case rest.