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Date of Issue: July 13, 2006

GSR fires back against Bradenton Beach

Stung by a series of lawsuits and legal actions against it the past few months, Island developer GSR Development LLC has fired back, filing its own lawsuit July 6 against the city of Bradenton Beach.

GSR filed a writ July 6 asking that the Manatee County Circuit Court overturn a May 12 ruling by the Bradenton Beach Code Enforcement Board requiring GSR to return its Rosa del Mar property on Gulf Drive to the condition it was in prior to the start of development of the condominium project because its building permit had expired.

In its legal action, GSR claims that it began site work in 2005 after obtaining a construction permit from Bradenton Beach.

After "irregularities" were discovered in the building plans, it halted work on the project.

"Once the building plans were completed," GSR alleges in the suit, the company was "ready to resume construction; however, the city of Bradenton Beach notified GSR that it deemed its construction permit to be expired."

GSR claimed that since it received the notice, it has been attempting to negotiate the issue and, at the time of the code enforcement board hearing, "GSR was, and remains, in the process of obtaining a new permit from the city of Bradenton Beach so that it may begin the project where it left off."

GSR asked the court to "reverse and remand" the city’s notice that it was in violation of the city code for failing to return the property to its original condition.

The company claimed the code board failed to give the company "due process," in addition to failing to "observe the essential requirements of the law" and "the findings of the code enforcement board are not supported by competent substantial evidence."

The code board levied a $250 a day fine against GSR until the property is brought into compliance with city codes.


Foreclosure action against Noriega

The legal woes of GSR Development LLC and partners Robert Byrne and Steve Noriega continue to mount.

Melvin and Carol Yudofsky of Holmes Beach filed a foreclosure complaint against Noriega July 6, claiming he is in default of a mortgage at 300 Gulf Drive S., Unit B, in Bradenton Beach. The mortgage was due April 1, 2004, the suit claims.

The Yudofskys are asking the court for $200,000 plus interest, title search fees, late charges and court costs.

In June, the Yudofskys filed a $50,000 suit against Byrne and his estranged wife Arlene for "unjust enrichment" regarding a 2001 investment they made in a company Byrne owned.