Nobody budged.
Anti-megabridge complainants and the Florida Department of Transportation failed to reach a settlement agreement at an Aug. 25 mediation hearing.
The impasse means a federal magistrate likely will hear and decide the case.
The complainants — former Manatee County Commissioner Joe McClash, former County Commissioner and Cortez resident Jane von Hahmann and Cortez residents Linda Molto and Joe Kane — have been challenging the DOT’s decision to replace the 17-foot-clearance Cortez Drawbridge with a 65-foot-clearance fixed-span bridge since March 2020.
The challengers are advocating for a 35-foot-clearance drawbridge and maintain a high bridge — which would require retaining walls extending about 700 feet into Cortez— would destroy the character of the historic fishing community.
The DOT maintains a high bridge costs less to build than a drawbridge and is the best use of taxpayer dollars.
The bridge fighters argue the DOT made procedural errors in its bridge selection process and hoped the strength of their case would persuade the agency to settle on the 35-foot bridge at mediation.
The complainants made a procedural misstep of their own in the days leading up to mediation, filing an amended complaint Aug. 15 that listed the Florida Institute for Saltwater Heritage, a Cortez nonprofit, as a new party to the suit.
U.S. District Court Judge Anthony E. Porcelli in the Middle District of Florida ordered the amended complaint stricken from the record Aug. 19.
According to Porcelli’s order, the complainants are first required to submit motions to add parties to the suit.
Because motions could be challenged by the DOT, adding to the costs for the complainants, the group decided to file a motion Aug. 20 to forego the steps to add FISH to the suit, McClash said Aug. 27.
“We’d rather deal with just one issue in front of the judge instead of two,” McClash said.
FISH can legally intervene in the suit later in the process without becoming party to the dispute, he added.
Porcelli granted the late motion Aug. 23.
The DOT had not filed a response as of The Islander’s press time Aug. 30.
According to McClash, the DOT’s strategy moving forward could include challenging bridge fighter motions and filing a motion to dismiss the case — which could run up legal costs for the complainants and result in a hardship for them.