Litigation takes time.
But after almost 10 years, what’s a few weeks?
After launching four lawsuits against Holmes Beach and the Florida Department of Environmental Protection to protect a treehouse built without a permit on their beachfront residence and vacation rental property in 2011, owners Richard Hazen and Lynn Tran-Hazen petitioned last December to have their case heard by the U.S. Supreme Court.
The pair filed a petition for writ of certiorari Dec. 22, 2020, in another of a long series of attempts to protect their treehouse — which was built seaward of the setback for the erosion control line — from being removed by the city.
The writ of certiorari is a request that the high court order a lower court to send up the case’s record for review.
Holmes Beach and the DEP had until Feb. 3 to respond to the writ of certiorari but the high court approved motions from both parties, extending that deadline to March 5.
Then the DEP filed another motion Feb. 26, again asking to extend the deadline — this time to March 19.
The DEP’s motion — which was granted the same day it was filed — states the extension was requested because “a proper brief in opposition to petitioner’s lengthy and detailed petition will take considerable time and effort.”
The motion also states that the department is dealing with “several” cases and that no parties in the case objected to the extension.
Treehouse owners seek help
After almost 10 years of funding lawsuits against the city and state, the Hazens are asking for help raising money to continue their legal battle.
The pair launched a GoFundMe page Jan. 1 titled “Fund Our Tree of Love for Justice and Liberty,” asking for up to $200,000 in donations. It raised $1,550 as of March 5.
“Under color of laws, we are losing our rights to use and enjoy our property, to grow trees and plants that we love, to rent for income and to have equal access to fair justice faster than sea level rise, storm erosion or climate change,” Tran-Hazen wrote on the page.
The city recently denied renewal of the rental license for the Hazens’ four short-term rental units at the property, a matter that awaits a hearing with the city magistrate.
Thus far, litigation to preserve the treehouse has cost the pair $170,000, in addition to nearly $100,000 in code violation fines, according to Tran-Hazen.
The city had spent $184,955 on treehouse litigation as of March 5, according to treasurer Lori Hill.
People can donate to help fund the cause at www.gofundme.com/f/rights-of-treehouse.com.
You might think what’s the big deal about this tree house, over the years it has become a quirky landmark of sorts a local attraction for some who either love it or hate it.
I would guess that as the tree grows larger the less safe it will become.
Being built without permits or inspections will most likely be it’s demise when the Supreme Court rules, I still kind of like it but feel they may have wasted a lot of money with Court costs inevitably in vain.