Judge Edward Nicholas of the 12th Judicial Circuit Court ruled Jan. 20 in favor of the city of Holmes Beach regarding a 2013 lawsuit involving a controversial beachfront treehouse, according to attorney Randy Mora of the Clearwater-based Trask-Daigneault law firm on behalf of the city.
The case is based on property owners’ Richard Hazen and Lynn Tran-Hazen’s claim that city code enacting setback restrictions, which prohibit their treehouse, is unconstitutional.
The treehouse — built without permits — first came to light in The Islander newspaper in 2011, when an anonymous complaint about construction on the beach was made to the Holmes Beach building department.
Mora told The Islander Jan. 23 that Nicholas’ ruling may put an end to the case but it did not contain language compelling the treehouse’s removal and is subject to appeals.
“Ultimately, the city has prevailed in the litigation,” Mora said. “The city is evaluating what’s next.”
The ruling may have implications for other cases involving the treehouse, including a 2018 case that had been on hold since last March while the 2013 case was decided, as well as two more cases that are in the appeals process.
Mayor Judy Titsworth told The Islander Jan. 23 that she was relieved following Nicholas’ order.
“This has been a battle that has gone on way too long. It’s been an extremely costly case,” Titsworth said. “Hopefully, this will be the end.”
Asked what’s next, Titsworth replied by text message, “We can seek an order for removal of the structure.”
Lynn Tran-Hazen responded to a Jan. 23 email from The Islander, saying, “I have not read the ruling to fully understand it or to discuss it.”
— Ryan Paice