Tara commercial development in limbo

Residents of Tara will have a chance to stop a settlement agreement between Manatee County and Lake Lincoln that would allow the development of the southwest corner of Tara Boulevard and State Road 70.

On Jan. 8, Manatee County 12th Judicial Circuit Court Judge Lon Arend granted a motion by the Tara Golf and Country Club, Tara Master Association and Fairway Gardens II at Tara Condominium Association to intervene and, at least, temporarily prevent Manatee County from settling a longstanding property rights dispute with Tara’s developer, Lake Lincoln. The groups said they have legal standing to argue against the settlement because they have land bordering the property, would be directly impacted by commercial development and the settlement itself takes away residents' rights to be heard.

The case now will go to an evidentiary hearing, likely by early February. 

“Health and safety of our residents is our priority,” said John Leone, president of the Tara Master Association, the master homeowners association for Tara Golf and Country Club and Tara Preserve residents. “Since before 2010, we’ve battled this tenacious developer. What has happened is we got the right to speak for the people.”

The 10.3-acre property has been under litigation since 2012, after Manatee County commissioners in 2010 denied an application to rezone the parcel and did not allow any entitlements on it. Lake Lincoln subsequently filed a lawsuit alleging Manatee County had stripped the property of its development rights and “inordinately burdened” it, as per the Bert J. Harris, Jr. Private Property Rights Protection Act. Under the act, the state legislature recognizes that some laws, regulations and ordinances made by political agencies may burden, restrict or limit property rights without constituting an actual taking of property.

Manatee County and Lake Lincoln reached a settlement agreement in June 2017 but it had to be approved by a judge. In September, Arend decided to give residents time to organize and for the court to consider whether they had a legal right on which to prevent the settlement from being approved.

Although Arend this week agreed to move the dispute forward, he cautioned attorneys to keep their arguments specific to the case and his role in it, as the court is not the place for a land-use hearing.

Attorney Robert Lincoln, who represents the Tara groups in the case, said Arend’s decision gives residents the right to argue why the court should not approve the settlement deal.

“It is about historically what’s happened,” said Lincoln of the merits of the case. “The issue is not going to be like rezoning. This is going to be much more about the history of the property.”

Manatee County attorneys declined comment and Lake Lincoln’s attorney Bill Moore said he’s hopeful the case can move forward quickly.

“We understand the judges concern for the rights of the public and we’re going to adhere to his decision,” he said.