Anna Maria commissioners know this dance.
Four Bert Harris Jr. claims hit Anna Maria April 13, mere months after the settlement of seven similar suits in January.
The new claims challenge the city moratorium preventing the issuance of building permits for homes with four or more bedrooms.
The claims are based on the Bert Harris Jr. Private Property Protection Rights Act.
They also challenge an agreement the city requires before staff reviews a building permit application. The agreement stipulates the home cannot be used as a rental for less than 30 days until 2019.
The notices of intention to file suit are on behalf of Shawn and Jennifer Kaleta, Crescent Cottages I LLC, Crescent Cottages II LLC and Gulf View Retreat LLC.
They are represented by Najmy Thompson Attorneys at Law in Bradenton.
According to Florida’s website for corporations, Louis Najmy of the law firm owns Gulf View Retreat. Crescent Cottages I names managers Mike and Emma Stringer and Crescent Cottages II names Keith Carter.
The notices state the moratorium and required agreement prevent the property owners from obtaining “reasonable investment backed expectations” to develop and use the properties as vacation rentals. The notices also assert the moratorium decreased the market value of the properties.
“Accordingly, this claim fits squarely within the bounds of the Bert J. Harris Act,” according to the notices.
Kaleta is no stranger to Bert Harris claims — two of seven suits settled in January were bought against the city by Kaleta.
Those challenged the living-area ratio passed by commissioners in April 2013. Commissioners allowed Kaleta to build beyond the standards set in 2013 to the prior standards, preventing a lawsuit from going forward.
At the time, attorney Ricinda Perry, acting as city attorney, advised commissioners to settle, saying they could not reasonably expect to win their case in court. She said a jury would agree with the claimants that the larger house has greater value.
In the April 13 notices, the property owners state they will seek $2,500 a week in lost rent for each property where a building permit is not issued, loss of market value based on property appraisals, and accumulated attorney fees.
If the city and property owners do not reach a settlement agreement, the notice promises “to attack” the city’s recently passed regulations of vacation rentals.
According to the Florida League of Cities, Anna Maria has 150 days to make a reasonable offer to settle the claim. It does not have to be a cash offer.
Often, local governing bodies obtain independent appraisals of the property to compare with the owner’s appraisal.
If no settlement is reached by the deadline, the deadline may only be extended by the property owner.
If the deadline is not extended, the property owner has the option to file the lawsuit.
Of the more than 2,000 known Bert Harris actions in Florida since 1995 — the year the act became law — very few are believed to have ended up in the courts, according to the FLC.
Here we go again. With REIT’s 401Ks, off shore trusts, hedge funds, and pension funds investing in these resorts how can AMI win? We started with codes and city ordinances and strict enforcement by the AMPD. That didn’t work so we went to a new and improved noise ordinance and a magistrate’s system. We didn’t use that system or issue any tickets. Now its hire three code officers for granny’s pool noise. The “noise” consists of a two year old and a dog in the pool at 9:00 PM. Get real