Twelfth Circuit Judge Edward Nichols denied a motion Oct. 30 to dissolve a lis pendens placed on canalfront properties along 126th Street West in Cortez.
Marshall Gobuty of Cortez Road Investments and Finance, the developer of Hunters Point Resort & Marina, 4333 Saltwater Pearl Way, Cortez, filed a suit June 3 naming the following property owners as defendants: Jacquelyn Shepard, Timothy Fitzpatrick, Wendy Kokolis, George Kokolis, Mark S. Ibasfalean, Jonathan Graham, Sheila Graham and Mary Norman.
The defendants own canalfront homesites along 126th Street West and the suit alleges they are unlawfully maintaining docks and boat lifts in the Hunters Point canal and that their docks extend more than 25% into the canal, violating Manatee County dock regulations.
Hunters Point is a development of 86 zero-energy homes that self-generate and store power to run themselves.
A zoom hearing was held Oct. 30 to hear arguments on a motion to dissolve the lis pendens, a public notice that a pending lawsuit or claim is attached to a property.
Attorney Richard Green, representing the Kokolises, questioned the legitimacy of the lis pendens and a property survey commissioned by CRIF.
According to the developer’s survey, lines of properties adjacent to the canal indicate the owners might not own the land where their docks are built and also some property landward of the seawall bulkhead.
Green said the defendants built, maintained, improved and paid taxes on the lands for several years.
Attorney Fred Moore, representing the Grahams, said they suffered hardship from the lis pendens, interfering with their ability to sell their home, which was listed for sale earlier this year.
A lis pendens does not prohibit the sale of the property but it can make the property less desirable to potential buyers.
Moore said the lis pendens encumbered his client’s property and needed to be clarified.
Attorney Ivan Reich, representing CRIF, said the lis pendens is based on property deeds for Hunters Point and the deeds affirmed CRIF’s private ownership of the canal.
“Based on the events of the hearing, the court cannot ignore the deeds,” Nicholas said.
He also spoke to the impact of the lis pendens on the defendants’ properties.
“There’s no question that the lis pendens affects the properties. And suggests that there is potential for an issue regarding ownership,” the judge said.
The judge’s ruling means the lis pendens will remain in effect, encumbering the properties in the suit. It was unknown as of Islander press time whether the homeowners would appeal the decision.
The Islander reported Nov. 1 that Gobuty claimed previous litigation by neighboring MHC Cortez Marina, 12160 Cortez Road W., triggered the civil suit against the homeowners.
“This all came about because of the marina,” Gobuty said. “If the marina would’ve left everything the way it was, we would’ve built our docks. They would be using the canal as much as they want. The homeowners, I wouldn’t even know their names and everything would have been the same. It all happened because of the marina’s claim.”
Hunters Point won the MHC Cortez Marina challenge to build docks in the canal, saying their main concern was navigational safety.
