Concession development project to be heard for a third time

The Manatee County Commission faces a Nov. 3 deadline to allow Concession Land Development LLC to develop a 17-acre parcel it purchased at the southeast corner of State Road 70 and Lindrick Lane or continue to be sued.

Concession Land Development LLC wants to transfer lots from its general development plan to the 17-acre parcel. The proposal was denied twice by commissioners in 2020 and 2021.

On Sept. 26, Concession Land Development LLC presented commissioners with a "settlement offer" that basically noted that Manatee County could avoid any legal action, such as an $8.9 million lawsuit filed against it on March 2, 2022, by passing the project.

Manatee County Commissioner George Kruse said the Sept. 26 "settlement offer" was more of an ultimatum.

“This really isn’t a settlement (offer) per se," said Kruse, after Manatee County Attorney Christopher DeCarlo recommended that board members sign the agreement to rehear the case.

"This only has teeth and avoids your issues if we ultimately approve the project that was previously declined,” Kruse said

The settlement offer, signed by Concession Land Development's Kevin Daves, states that if the board agrees to send the proposal to another public hearing and vote on or before Nov. 3 and approves it, Concession will dismiss its lawsuit.

Panther Ridge residents called the offer a “threat,” but the commission approved the settlement in a 5-1 vote with Kruse opposed and Commissioner Ray Turner absent. 

“Since when should there be a kowtow to such low levels as to have that threat alter your votes of strong conscience previously displayed,” Foxwood at Panther Ridge resident Mark Lyons said. “My wife and I will not be swayed at all. We came here for the open peace and quiet this community affords, and we will fight to maintain it.”  

Lyons also told commissioners that he and his wife were willing to invest their own financial resources in order to fight any such development. Following the meeting, Lyons declined to comment any further on his plans or how much they would invest because he didn’t want to share information with the opposing parties. 

By DeCarlo’s estimate, trying the case will cost the county attorney’s office about $300,000, a bill that would be split among taxpayers and could rise to over $9 million if they lose the case.   

“The law here is pretty clear, and we seem to be putting ourselves in jeopardy in doing anything other than taking your advice today,” Commissioner James Satcher said to DeCarlo. 

Concession is claiming “inverse condemnation,” meaning the county’s repeated denials have lowered the value of those 17 acres. In addition, Concession submitted a loss appraisal that claims the LLC is entitled to $8,970,000 under the Bert J. Harris Jr. Private Property Rights Protection Act of 1995. 

DeCarlo said an appraiser was hired by the county to evaluate that number, but he wouldn’t comment on the findings because of ongoing litigation. 

“The residents thought it was all done, and then of course, this lawsuit happens, and it brings it back to the forefront again,” said Mark Broderick, the vice president of Panther Ridge III, The Forest HOA. “All the arguments that commissioners previously accepted ... nothing has changed in those arguments other than that now there’s a lawsuit.” 

Chilling effects

“It’s a shame that developers have so much control over the commissioners. (The developers) always get what they want, “ wrote Joseph Zarlenga, president of The Forest HOA, in an email. “If they don’t, they threaten to sue, or they wait until they can change the commissioners, and overall, it makes our commissioners look to be nothing but bought and paid for players in their game, Commissioner Kruse excluded.”   

Bert Harris claims have cost municipalities across Florida millions of dollars in property rights lawsuits, so it’s a name frequently referenced during land use meetings.  

When Carlos Beruff’s high intensity East River Ranch project that lies beyond the Future Development Area Boundary was presented to the commission in May, Commissioner Amanda Ballard supposed that providing infrastructure would be less costly than the “millions and millions and millions of dollars from a Bert Harris claim” if the project was denied. It passed in a vote of 5-1. 

In June, the county settled with Tara developer Lake Lincoln 11 years after the board denied their request to rezone 10 acres into planned commercial development. In the settlement, the county agreed to buy the property from Lake Lincoln for $3.6 million. 

In both the Tara and Concession lawsuits, the developers initially agreed to not develop those parcels, then changed their minds and sued after their requests were denied.

Panther Ridge residents and two boards had agreed the project is incompatible with the area and nearby residents would be negatively impacted. 

“I moved out here because I had a young family, and I wanted the kids to have some rural area and forest to run around and explore,” Broderick said. “It’s not just the rural community and the fact that we have larger acreage here, and that they’re going to put a small housing project in the middle of it. It’s the effect it has on things such as flooding. Over the past 20 years, it’s gotten worse every year because of the sprawl that’s happening around us.”

Nearby residents also stand to lose a major amenity. An abandoned railroad track dating back to the 1930s has been used by residents as a recreational trail for walking, biking and horseback riding since the 1990s would be affected. It runs through the 17-acre lot.   

The Forest HOA will be considering hiring an attorney at its next monthly meeting. Their decision on whether to hire an attorney must be determined by a vote.

File photo

“We also have to be cognizant of, if the lawsuit is unsuccessful, what our liabilities are now that the change in the law favors developers,” Broderick said. 

Senate Bill 540 is the change the board will have to consider. Signed by Gov. Ron DeSantis, the law went into effect on July 1. In cases where comprehensive plans are challenged or defended, the losing party is required to pay the opposing party’s legal fees. 

If the Lyons or the Forest HOA hire an attorney and sue Manatee County, they would be responsible for legal fees for the Concession Land Development, too. The Florida Rule of Civil Procedure states that anyone claiming an interest in the litigation has the right to intervene.

Legal fees are a small price to pay when developers stand to gain multi-millions from a new development, so they typically exercise their right to intervene and have no problem sustaining years of litigation.

When Chairman Kevin Van Ostenbridge said the new board should at least hear the case, Kruse responded that voting “yes” would open up a can of worms. 

“The 2020 board was different than the 2021 board when three of us were on it, and it was still declined with a different cast,” Kruse said. “What’s going to happen? We’re going to drag this out, and then after the 2024 election, maybe bring it back again if the board makeup is different?”

While the proposal must be heard again and passed by the commission by Nov. 3 according to the settlement agreement, a hearing date has not been set yet.