A ceasefire between island developer Shawn Kaleta and Holmes Beach didn’t last long.
Attorney Michelle Grantham of the Bradenton-based Najmy Thompson law firm filed a federal lawsuit Oct. 31 against the city on behalf of Shawn Kaleta — only 75 days after they voluntarily withdrew a similar lawsuit.
The lawsuit asks the court for a jury trial, as well as a declaratory judgment finding the city’s actions violate Kaleta’s constitutional rights, grant injunctive relief ordering the city to cease “unlawful practices,” order the city to engage in corrective measures and award Kaleta damages.
Kaleta owns many properties in the city, including Bali Hai Beachfront Resort, Anna Maria Island Beach Resort, Coconuts Beach Resort, the Islands West Resort, 305 73rd St. and 102 48th St.
Kaleta’s first lawsuit, filed Dec. 31, 2021, claimed the city ran a “black-ball campaign” against him that resulted in $3,125,000 in damages to his businesses. The suit demanded a jury trial for injunctive relief and sought an order directing the city to issue a public apology via a local newspaper.
The lawsuit alleges the city discriminated against Kaleta and set out to destroy his “business reputation and goodwill” by stalling development plans, denying access to public hearings and failing to respond to record requests.
The developer volunteered to dismiss an amended complaint after a June 9 motion, filed on behalf of the city by attorney Jay Daigneault of the Clearwater-based Task, Metz & Daigneault law firm, claimed the lawsuit was an “impermissible shotgun pleading.”
A shotgun pleading is a complaint that fails to provide adequate clarity of its claims, such as the notice of the number and nature of claims, leaving a defendant with little to frame a responsive pleading.
Daigneault previously told The Islander that Kaleta’s legal team had told him they “wanted to ‘get their ducks in a row.’”
Daigneault did not respond to a Nov. 17 call from The Islander.
The new lawsuit, amended Nov. 11, also seeks damages from and injunctive relief against the city on claims the city did irreparable damage to Kaleta by “depriving” his constitutional rights to free speech and equal protection under the First and Fourteenth amendments.
“In retaliation for the exercise of his lawful business practices and his exercise of free speech, the city, its commissioners and its mayor have all singled out Kaleta directly and via the Kaleta Companies for individualized over-regulatory treatment under color of law in the form of an unofficial ‘Anti-Kaleta Policy,’” the complaint states.
The complaint states the city’s so-called “Anti-Kaleta Policy” began in 2012, when the developer was publicly decried by city officials, and has since prevented lawful development at his properties.
It also reiterates several other claims from the original lawsuit, such as the city excluded Kaleta and his representation from public hearings, failed to respond to record requests and selectively enforced regulation against the developer.
The lawsuit does not include a price tag — unlike the previous lawsuit — for damages caused by the city’s actions.
The case was assigned to Judge Mary Scriven of the Middle District of Florida and Magistrate Judge Julie Sneed.
Grantham did not respond to a Nov. 17 call from The Islander.
Attorney Jason Miller from Najmy-Thompson, also representing Kaleta, did not respond to a Nov. 17 call from The Islander.
Kaleta did not respond to a Nov. 16 text message from The Islander.