The dispute over restricted access to a beach path in Holmes Beach has reached the 12th Judicial Circuit Court.
Linda Carmon and Minh Vu, 78th Street property owners, filed a complaint May 20 seeking monetary damages and injunctive relief against Travis Resmondo, Michael Fronk and Oceana Condominium Association, also of 78th Street, for closing the beach pathway and claiming it as private property.
The dispute began when defendant Travis Resmondo, owner of property at 99, 100 and 101 78th St., claimed in an April 13 email to city officials that the start of the path is part of his vacant lot at 99 78th St. and not for public use.
The path begins on Resmondo’s vacant lot at 99 78th St. and continues onto Fronk and OCA’s vacant lot at 98 78th St.
Soon after Resmondo’s claim, no trespassing signs, ropes and bollards, as well as plants, appeared at the entrance to the beach from the street.
Resmondo’s actions drew the ire of nearby property owners, who contend that at least before 2014, deeds for the property included a 10-foot-wide “non-exclusive walkway easement” for public access to the beach.
Some people called for the city to act on the matter, but city attorney Erica Augello advised that due to the now-missing easement’s lack of a listed beneficiary, a judge could consider it ambiguous.
She said the city should leave it up to private property owners to resolve the matter.
Almost a month later, Carmon, owner of 103, 105 and 107 78th St., and 107 78th Street Investments, and Vu, owner of 202 78th St., took the first steps toward a resolution by filing their legal complaint.
The complaint states that their properties’ proximity to the previously public beach access path was a central motivating factor when they purchased their properties and its closure had led to monetary damages as renters at some of the plaintiff’s properties canceled their stays due to the blockade.
The complaint calls for a judge to declare the preempted easement exists at the property, entitle public access to the path, and issue an order directing the defendants to restore access to the path by removing barriers and disruptive signage.
The plaintiffs also seek $30,000-$50,000 in damages from the defendants for making false statements about the path which led to lost rental profits, as well as the award of attorney fees.
A hearing for the case was not scheduled as of May 28, according to the Manatee County Clerk of Court office.
HB officials squabble over off-duty officer at beach access
A security detail at the beach access at 78th Street has resulted in another dustup between the mayor, chief of police and two commissioners.
Holmes Beach Police Chief Bill Tokajer wrote in a May 24 email to Commissioner Jayne Christenson that she “flustered” an officer when she “grilled” him about his off-duty detail at the disputed beach path.
Christenson responded by email the same day, denying she “grilled” the officer and requesting to review the body camera video of their discussion.
Mayor Judy Titsworth stepped in with a May 24 email to Christenson: “Why are you continuing to approach these officers?” Titsworth also reminded Christenson she had been informed about the private detail.
We know you are opposed to the detail, she added, but “fortunately, this is not a decision of yours.”
Commissioner Kim Rash, who also requested to see Price’s body camera video of the exchange between the officer and Christenson, questioned Tokajer in a May 25 email.
“Could you show me where (the officer) was grilled? Somehow, I missed it. Also, could you show me where (the officer) was flustered? I also missed this event,” Rash wrote.
Tokajer wrote in a May 26 email that commissioners should not question the private duty officer directly.
“It is just a continuation of the mean-spirited actions from you and Commissioner Christenson towards the police department, the officers and myself,” Tokajer wrote to Rash.
Titsworth backed Tokajer in another email.
“I am sorry that you and your department continue to be subject to harassment,” Titsworth wrote. “I appreciate all you do and support your elevated presence at the school given this most tragic time. Please, let your officers know that they have my support. The last thing they need right now is politically motivated distraction from these 2 commissioners.”
— Ryan Paice