Calls for mediation to resolve Holmes Beach’s treehouse lawsuits fell flat.
But a resolution did come in one case — for the city, at least.
Judge Charles Sniffen of the 12th Judicial Circuit Court issued an order July 7 dismissing the city from one of three lawsuits centered around a treehouse at 103 29th St., Holmes Beach, according to attorney Jay Daigneault, who, alongside attorney Randy Mora, represents the city in the case.
Sniffen’s order was inaccessible on the clerk of court’s website as of Aug. 19.
However, Daigneault told The Islander Aug. 19 that the order granted the city and DEP motions to dismiss the property owners’ third amended complaint requesting injunctive relief and compensation for “financial loss and damages.”
The order also dismissed the city from the case, which was focused on a court petition from property owners Richard Hazen and his wife, Lynn Tran-Hazen.
The pair petitioned for a temporary injunction against the city and the Florida Department of Environmental Protection to stop “the further imposition of illegally excessive and unfounded fines” and to protect the treehouse from destruction.
The dispute began in 2011, when the property owners built the treehouse in an Australian pine tree beyond the setback for the erosion control line and without a permit on their beachfront property. The pair reside at the property and operate four vacation rental units as Angelinos Sea Lodge.
The city found the structure in violation of the municipality’s 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 over the years.
As of Aug. 19, two other circuit court cases on the treehouse remained open, but hearings have yet to be scheduled for either case.
The U.S. Supreme Court has denied two petitions from the owners to hear the case.
Litigation has cost the city $184,955 and the property owners $170,000, according to the parties.
However, the property owners also have received more than $105,000 in code violation fines from the city, which they had not paid as of Aug. 19.
Following Sniffen’s order dismissing the city from one lawsuit, the property owners and the DEP remain the only litigants involved in the case.
The property owners filed a motion July 15 to extend the 10-day window to submit a fourth amended complaint against the DEP to 50 days to accommodate travel plans, but no responsive order or document was posted to the clerk of court’s website since.
While the city’s caseload got lighter, Daigneault told The Islander that litigation over the treehouse was likely far from over after proposed mediation talks fell through.
“There were talks of global mediation but those talks have not advanced meaningfully,” he said. “They have not meaningfully sought to advance the cases. …I don’t know when a final resolution will be.”
“I don’t know if they’re going to accept ‘No’ for an answer anytime soon,” he added.
Lynn Tran-Hazen did not respond to an Aug. 19 email from The Islander.