FL - Holmes Beach continues trudge down treehouse path
One treehouse built in Holmes Beach in 2011 without a permit has led to four pending lawsuits spanning seven years.
At a hearing Jan. 7 on a lawsuit filed in December 2018, 12th Circuit Judge Charles Sniffen heard the city of Holmes Beach’s motion to dismiss a second amended 11-count complaint by the plaintiffs, treehouse owners Lynn Tran and Richard Hazen.
At the beginning of the proceedings, Sniffen granted the city’s motion for judicial notice to include evidence already proven in cases pertaining to the structure.
The Florida Department of Environmental Protection, also a defendant in the case, filed a motion similar to the city’s, asking for a more defined complaint and motion to dismiss.
An order posted to the Manatee County public records website stated the court took the motion to dismiss under advisement and continued a Jan. 7 motion to impose sanctions.
At the hearing, attorney Randy Mora of Trask Daigneault, the Clearwater law firm assigned to the case by the city’s insurer, said Holmes Beach moved to dismiss the case on several bases, including “res judicata,” meaning a competent court already made a final decision in the matter.
“This is all about fairness. The plaintiffs don’t agree with what the law says,” Mora said. “And until this court tells them they can’t proceed any further, they will keep trying to get the answer they want.”
The city repeatedly has prevailed over appeals, including in a November 2019 hearing on a case that started in 2013. At that hearing, 12th Circuit Judge Edward Nicholas refuted the plaintiffs’ claim that a city ordinance, including a 50-foot setback from the state’s erosion control line on the beach, amounted to property taking without compensation.