Wait continues for Holmes Beach v. treehouse

A judge’s ruling could bring Holmes Beach’s eight-year treehouse case to an end.

But it will take time for a decision to be rendered.

Jay Daigneault, the city’s attorney on the case, told The Islander June 18 that a ruling on the city’s motion to dismiss Richard Hazen and Lynn Tran-Hazen’s claims against it and the Florida Department of Environmental Protection could take some time.

“Sometimes it takes two hours and sometimes it takes two years,” Daigneault said. “The court is not really under a strict timeline.”

The case began in 2011, when the property owners built the treehouse in an Australian pine tree beyond the state erosion control line and without a permit on their beachfront property at 103 29th St., Holmes Beach.

The Hazens reside at the property, where they operate four adjacent vacation rental units as Angelinos Sea Lodge.

The city found the structure in violation of its land development code and moved for its removal in 2013, sparking litigation with the owners.

Hazen and Tran-Hazen have been on the losing end of each ruling after several lawsuits and appeals in circuit court over the years since. The U.S. Supreme Court also has denied two petitions to review the case.

Litigation has so far cost the city $184,955 and the property owners $170,000, according to the parties.

However, the property owners have received more than $105,000 in code violation fines from the city, which are still owed as of June 18.

Now, only one circuit court case remains.

The property owners filed claims in January seeking declaratory and injunctive relief against the city and FDEP, as well as compensation for damages.

The city and DEP filed motions to dismiss the property owners’ claims in February, and the parties met June 9 to discuss the motions.

At the hearing, 12th Circuit Judge Charles Sniffen said he would issue a ruling by the end of that week, but there was no ruling as of June 18.

Additionally, no further hearings to discuss the case are scheduled, according to the Manatee County Clerk of Court.

Tran-Hazen has previously said that the property owners were considering waving the white flag by removing the treehouse but could not afford to pay what she termed the city’s “unjust” fines.