The owner of Bungalow Beach Resort sued the city of Bradenton Beach after commissioners denied her request for paid parking through a resort pass system.
Gayle Luper, who has operated the Gulffront resort since 1999, submitted a temporary use permit application after refurbishing a parking lot damaged by hurricanes Helene and Milton. While the storms destroyed several historic bungalows, Luper continued operating in a duplex and a single-family bungalow.
At an April 17 quasijudicial hearing, city planner Luis Serna recommended denial of the application, citing the property’s R-3 residential zoning, which prohibits standalone or multilevel parking facilities and public safety issues.
The city commission followed the recommendation, approving only a temporary permit for resort purposes to support the property’s reconstruction — excluding paid parking.
Luper’s attorney, Stephanie Anthony of Armstrong and Partners in Tampa, argued that the resort pass — which allows paying guests access to amenities, including beach access — is “standard practice for operational resorts and necessary for the business’s financial survival.”
Serna alleged that the allowance of the lot in the past was as an accessory use to its primary allowed use as a resort.
Luper said the resort never fully shut down and has continued taking reservations at off-site buildings while the main lot was in transition.
The lawsuit, filed April 25 by attorney John A. Anthony of Tampa, claims the city violated longstanding usage rights and deprived Luper of due process and the ability to generate income during rebuilding.
According to the complaint, the resort has historically charged a resort fee that included parking.
The suit seeks an injunction to lift the parking restrictions and reinstate resort-pass parking under applicable laws.
During the April 17 hearing, Luper said her goal is to rebuild the destroyed cottages.
Most recently, city attorney Ricinda Perry updated commissioners on the lawsuit during a May 1 commission meeting, stating that Circuit Judge Edward Nicholas is presiding over the case. She said Nicholas denied the resort’s legal counsel’s emergency motion to allow the city time to respond.
Perry said city clerk Terri Sanclemente contacted the Florida League of Cities, which might cover up to 50% of the city’s legal expenses.