We Are Making Progress
The developers are NOT going to go forward. Why, you ask, since the Commission voted 4-0 and 3-0?
Well, here is the reply given recently by Ken Weiss, our attorney. The question was, “Can the developers just ignore the petition (as the city has) and move ahead?
Attorney Ken Weiss’ reply:
- No, the developers cannot maintain they acted in good faith when they have knowledge of the litigation.
- No, the developers can’t win a lawsuit against the city if the city’s actions were illegal to being with.
- And, more importantly, no developer is going to get financing given the pending litigation.
- I’ve attached Pinecrest, my favorite case [below].
In it, the court required the developer to tear down its building because the developer knew that there was a comprehensive plan challenge pending and it chose to ignore it.
You also have a comprehensive plan challenge pending, the Parker/Hein lawsuit, that challenges the public notice for the plan amendment that authorizes the increased density. The lawyers for the City, the developers, and the financial institutions are well aware of Pinecrest.
Despite the claims in St. Pete Beach that their comp plan was valid, not one developer even applied for a building permit. Nothing was built during 10 years of litigation and, so far, nothing has been built since the settlement of that litigation.
As in Madeira Beach, in St. Pete Beach, the developers almost got away with it…but they didn’t. Citizens, just like your group, lawfully objected to the actions of their government. They prevailed in St. Pete Beach and I’m confident that we are going to prevail in Madeira Beach.
It will just take time and patience…and, as I told my friends in St. Pete Beach, you have to put your full energies in electing commissioners who will listen to the residents. That finally happened in SPB, and we settled the case. You can do it in Madeira Beach as well.
Click here to read the Pinecrest case -> Pinecrest Lakes Inc v Shidel
An online article from the Tampa Bay Guardian
Read it! You will love the cartoon at the end!
We are not going to give up. We will with patience and, of course, money be able to stop these developments.Share